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CA7: Car transporter no mere bailee; shipping car is a waiver of an expectation of privacy

By John Wesley Hall, Jr.

Turning over a car to a transit shipper was a relinquishment of any expectation of privacy in the car because it was left unlocked, the shipper had the keys, and the shipper would be entering it, parking it, and transporting it. “Although there is no evidence that Crowder directly authorized the driver to search the vehicle, in light of the circumstances described above it is clear that the driver was ‘authorized to act in direct contravention to’ Crowder's privacy interest.” United States v. Crowder, 2009 U.S. App. LEXIS 27880 (7th Cir. December 7, 2009). Tenth Circuit follows Gant good faith exception under United States v. McCane, 573 F.3d 1037 (10th Cir. 2009), petition for cert. filed, 78 U.S.L.W. 3221 (U.S. Oct...continue to full post

Full post as published by Fourth Amendment on December 22, 2009 (boomark / email).