United States District Court, D. Oregon, Medford Division
OWEN M. PANNER, District Judge.
Defendant Tyson M. Brown moves to suppress evidence and statements. Defendant also moves for return of property. I deny the motions.
I. Motion to Suppress Evidence Seized_from Warrantless Search
A. Defendant's Arrest
In early May 2013, defendant rented a Ford Fusion from a Thrifty Car Rental office in Portland, using a credit card. The car was to be returned May 6, 2013. The car was not returned. Thrifty continued to charge defendant's credit card until May 23, 2013, and then reported the car had been stolen.
On June 6, 2013, shortly before 2 a.m., Brookings police officer Terry Murray noticed the rental car going north on Highway 101. When Murray checked on the license plate number, he learned the car had been reported stolen.
Defendant argues Murray pulled over the car because defendant is African-American. Murray testified that there was dense fog that night and he could see only the silhouette of the car, driver. I find that defendant's race had no role in Murray's decision to stop or search the car.
Murray called other officers to assist him and pulled over the car. After ordering defendant and his two passengers out of the car, the officers searched the car.
In the car, officers found a handgun with two loaded magazines. The handgun is the basis for the felon-in-possession charge against defendant. The officers also found more than $2, 000 in cash and a copy of the rental agreement between defendant and Thrifty.
The government has the burden of showing that "a warrantless search or seizure falls within an exception to the warrant requirement." United States v. Scott , 705 F.3d 410, 416 (9th Cir. 2012).
A. Defendant Lacks Standing to Object to the Search
Defendant lacks standing to object to the search of the rental car. Defendant has the burden of proof to show that he had a reasonable expectation of privacy in the rental car. United ...