U.S. v. COOPER

No. 96-3240.

133 F.3d 1394 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Berman COOPER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 26, 1998.


Attorney(s) appearing for the Case

Clinton Lyle Doud, Jacksonville, FL, for Defendant-Appellant.

Charles Wilson, U.S. Atty., Tampa, FL, Kimberly Ann Selmore and Linda McNamara, Assts. U.S. Attys., Jacksonville, FL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and TJOFLAT and COX, Circuit Judges.


HATCHETT, Chief Judge:

The primary issue in this case is whether appellant-driver legitimately expected Fourth Amendment-level privacy in an over-due rental car that the rental company had not repossessed at the time of law enforcement's warrantless search. We (1) affirm the district court's conclusion that a law enforcement officer permissibly stopped appellant; (2) resolve the issue of first impression in appellant's favor, reversing the district court's conclusion...

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