I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to individuals against police performing illegal search and seizures, without probable cause, permission of the driver or "owner" of the vehicle or even a search warrant.
A friend of a friend was recently pulled over while driving a rental car that was rented in my friend's name. The driver (aka - friend of a friend) was not listed on the rental car contract as a person allowed to drive the rental vehicle.
He was stopped by police and the vehicle was searched inside and out, with the officers telling the driver he was not even allowed to legally drive the vehicle, and since he was in a car rented under someone else’s name, and without him listed as a driver on the contract, they didn't need his permission, didn't need probable cause and didn't even need a search warrant to tear the car apart under the suspicion he was transporting a controlled substance.
It came out in the court case that followed, that the driver basically "appeared suspicious" to the officer, and this was the entire reason behind the search of the vehicle with no probable cause or search warrant and no permission to search the rental.
Should the driver have the same rights in a rental car that he's not a listed driver on the rental contract, as he would if he was in his own vehicle; which should protect him against illegal search and seizures by police with no probable cause, as police stated in their own words at his trial?
To be clear, this wasn't a stop and frisk, this was a complete search of the entire vehicle