Published on: Friday, September 1, 2023

New Jersey police arrest a robbery suspect in his hotel room, find car keys, and get permission from the rental car company to search what he says is his rental car. Turns out his girlfriend rented it. Ah hah! They find contraband. Suppress the evidence? District court: No. No, reasonable expectation of privacy. Third Circuit (over a dissent): Yes. Yes, he had a reasonable expectation of privacy as girlfriend gave him permission to use the car. Reversed.

The case is United States v. Montalvo-Flores, No. 22-1752, 2023 U.S. App. LEXIS 22586 (3d Cir. Aug. 28, 2023).