United States v. Harris, 526 F.3d 1334 (11th Cir. 2008). · Go Syfert
United States v. Harris, 526 F.3d 1334 (11th Cir. 2008). Cases Citing This Book View Copy Cite
“the usca11 case: 23-10184 document: 47-1 date filed: 07/30/2024 page: 37 of 40 23-10184 jordan, j., concurring 13 accused bears the burden of demonstrating a legitimate expecta- tion of privacy in the area searched.”
167 citation events (167 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Deondre Bain (ca11, 2025-08-20)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Deondre Bain (4×) also: Cited as authority (rule), Cited "see, e.g."
11th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a determination of reasonable suspicion . . . does not require officers to catch the suspect in a crime.
discussed Cited as authority (verbatim quote) Brannon v. Patterson (INMATE 2) (2×) also: Cited as authority (rule)
M.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a third party's consent is valid if he has mutual use of the property, with joint access to or control of the for most purposes.
examined Cited as authority (verbatim quote) United States v. Johnnie Davis
11th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the usca11 case: 23-10184 document: 47-1 date filed: 07/30/2024 page: 37 of 40 23-10184 jordan, j., concurring 13 accused bears the burden of demonstrating a legitimate expecta- tion of privacy in the area searched.
discussed Cited as authority (verbatim quote) State v. Shirley Copeland (2×) also: Cited "see, e.g."
Tex. App. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he extension of the prohibition on warrantless searches applies only to defendants who are present and actually express a refusal to consent.
discussed Cited as authority (rule) United States v. Antoine Johnson (2×) also: Cited "see"
11th Cir. · 2026 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (citing United States v. Chanthasouxat, 342 F.3d 1271, 1274 (11th Cir. 2003)).
discussed Cited as authority (rule) James F. Lewis v. Brian Campbell and Robert S. Chausse
M.D. Fla. · 2025 · confidence medium
Thus, an officer’s “motive in making the [investigatory] stop does not invalidate what is otherwise objectively justifiable behavior under the Fourth Amendment.” Jenkins v. Gaither, 543 F. App’x 894, 897 (11th Cir. 2013) (quoting United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008)).
cited Cited as authority (rule) United States v. Grayson Eagan
11th Cir. · 2025 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir. 2008).
discussed Cited as authority (rule) Amir M. Meshal v. Commissioner, Georgia Department of Public Safety
11th Cir. · 2024 · confidence medium
Notably, however, the reasonable suspicion standard “does not require officers to catch the suspect in a crime.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Derrick Collins
11th Cir. · 2024 · confidence medium
“A traffic stop constitutes an unreasonable seizure unless it is supported by reasonable suspicion of criminal activity or proba- ble cause that a [civil] traffic violation has occurred.” United States v. Andres, 960 F.3d 1310, 1317 (11th Cir. 2020) (citing United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008)); see also Whren v. United States, 517 U.S. 806, 810 (1996) (“As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.”).
discussed Cited as authority (rule) Wayne Gregory Martin v. State
Ga. Ct. App. · 2024 · confidence medium
See also United States v. Watkins, 760 F3d 1271, 1281 (II) (A) (11th Cir. 2014) ( Randolph, supra, is interpreted narrowly to restrict the circumstances under which a co-occupant’s actions rendered a search unreasonable); United States v. Harris, 526 F3d 1334, 1339 (I) (11th Cir. 2008) (taxi passenger who did not “actually express a refusal” to search when driver consented was not covered by Randolph, supra).
discussed Cited as authority (rule) United States v. Arnold D. Holland
11th Cir. · 2023 · confidence medium
Instead, [a] reasonable suspicion of criminal activity may be formed by observing exclusively legal ac- tivity.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (per curiam) (alteration in original) (quoting United States v. Acosta, 363 F.3d 1141, 1145 (11th Cir. 2004)).
discussed Cited as authority (rule) Andrews v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2023 · confidence medium
Andrews sought to suppress the evidence recovered from the vehicle and argued that the “pursuit, detaining, and search” were “performed without adequate probable cause.” (Respondent’s Exhibit 24 at 2) A traffic stop “is constitutional if it is either based upon probable cause to believe a traffic violation has occurred or justified by reasonable suspicion.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. David Jarrell Gause
11th Cir. · 2023 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir. USCA11 Case: 22-11685 Document: 21-1 Date Filed: 02/24/2023 Page: 4 of 6 4 Opinion of the Court 22-11685 2008) (noting that failure to signal during a lane change violates O.C.G.A. § 40-6-123).
cited Cited as authority (rule) Metz v. Valenza (MAG+)
M.D. Ala. · 2023 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. Timothy Jerome Russell
11th Cir. · 2023 · confidence medium
Such “seizures” are “con- stitutional if [they are] either based upon probable cause to believe a traffic violation has occurred or justified by reasonable suspicion in accordance with Terry.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) Davis v. Secretary, Department of Corrections, (Pasco County)
M.D. Fla. · 2022 · confidence medium
“A search of property, without warrant or probable cause, is proper under the Fourth Amendment when preceded by valid consent.” , 831 F.3d 1309, 1321 (11th Cir. 2016) (quoting , 526 F.3d 1334, 1339 (11th Cir. 2008)).
cited Cited as authority (rule) Witt v. Brookside, Alabama, the town of
N.D. Ala. · 2021 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. Jeffrey William Forget
11th Cir. · 2021 · confidence medium
But we have held that as long as an officer conducting a traffic stop has probable cause to believe a traffic violation has occurred, “the officer’s motive in making the traffic stop does not invalidate what is otherwise objectively justifiable behavior under the Fourth Amendment.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (quotation omitted).
cited Cited as authority (rule) BAXTER v. ROBERTS
N.D. Fla. · 2021 · confidence medium
United States v. Gibbs, 917 F.3d 1289, 1294 (11th Cir. 2019) (citing United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008)).
discussed Cited as authority (rule) United States v. Donta Bichette Brown (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Id. 2 USCA11 Case: 20-10868 Date Filed: 02/09/2021 Page: 3 of 4 occurred;” or (ii) “reasonable suspicion [of criminal conduct] in accordance with Terry [v. Ohio, 392 U.S. 1, 30 (1968)].” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) Stallworth v. Hurst
M.D. Ala. · 2021 · confidence medium
As to the initial investigatory traffic stop, an officer can “lawfully detain an individual without a warrant if (1) there is probable cause to believe that a traffic violation has occurred (a traffic stop), or (2) there is reasonable suspicion to believe the individual has engaged or is about to engage in criminal activity (an investigative or Terry stop).” United States v. Gibbs, 917 F.3d 1289, 1294 (11th Cir. 2019) (citing United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (discussing Terry v. Ohio, 392 U.S. 1 (1968)).
cited Cited as authority (rule) ROBINSON v. MCNEESE
M.D. Ga. · 2020 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008); U.S. Const. amend.
discussed Cited as authority (rule) United States v. Linda Lancon
11th Cir. · 2020 · confidence medium
To establish a reasonable expectation of privacy, a person must have: (1) “a subjective expectation of privacy; and (2) society is prepared to recognize that expectation as objectively reasonable.” United States v. Harris, 526 F.3d 1334, 1338 (11th Cir. 2 USCA11 Case: 20-10423 Date Filed: 11/06/2020 Page: 3 of 11 2008).
discussed Cited as authority (rule) Ruda v. Boisvert
M.D. Ala. · 2020 · confidence medium
“Under the Fourth Amendment, a police officer generally may lawfully detain an individual without a warrant if (1) there is probable cause to believe that a traffic violation has occurred (a traffic stop), or (2) there is reasonable suspicion to believe the individual has engaged or is about to engage in criminal activity (an investigative or Terry stop).” United States v. Gibbs, 917 F.3d 1289, 1294 (11th Cir. 2019) (citing United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008)).
discussed Cited as authority (rule) United States v. Toddrey Willie Bruce
11th Cir. · 2020 · confidence medium
The truth is that no one needed to see criminal activity: reasonable suspicion “may be formed by observing exclusively legal activity.” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (citation omitted).
discussed Cited as authority (rule) United States v. Kirkland Alondo Jones
11th Cir. · 2020 · confidence medium
A traffic stop is valid if it is based on either: (i) “probable cause to believe that a traffic violation has occurred;” or (ii) “reasonable suspicion in accordance with Terry [v. Ohio, 392 U.S. 1, 30 (1968)].” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008); see also Heien v. North Carolina, 574 U.S. 54 , 60 (2014).
cited Cited as authority (rule) United States v. Michael Pedro Andres
11th Cir. · 2020 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) FINCHER v. MONROE COUNTY BOARD OF COMMISSIONERS
M.D. Ga. · 2020 · confidence medium
“A traffic stop is constitutional if the officers have probable cause to believe that a traffic violation has occurred or reasonable suspicion that criminal activity is afoot.” Floyd v. City of Miami Beach, 730 F.App’x 838, 841 (11th Cir. 2018) (citing United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008)); see Whren v. United States, 517 U.S. 806 (1996) (a stop is reasonable under the Fourth Amendment when police officers have probable cause to believe a person has committed a civil traffic violation).
discussed Cited as authority (rule) Joe T. Young v. David Brady
11th Cir. · 2019 · confidence medium
Therefore, by the time that Brady seized Young, there were no “objective facts” on which arguable reasonable suspicion could have been based, see United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008), and Brady could not have reasonably concluded otherwise.
cited Cited as authority (rule) United States v. Robert Carl Allbritton
11th Cir. · 2019 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008); U.S. Const. amend.
cited Cited as authority (rule) United States v. Dana Michelle Flippo
11th Cir. · 2019 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
cited Cited as authority (rule) United States v. Joshua Ray Fountain
11th Cir. · 2018 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
cited Cited as authority (rule) United States v. Antonio Santiago-Santiago
11th Cir. · 2018 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
cited Cited as authority (rule) Contrell Leo Floyd v. City of Miami Beach
11th Cir. · 2018 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
cited Cited as authority (rule) United States v. Kevin Raphael Bully
11th Cir. · 2018 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008); United States v. Chanthasouxat, 342 F.3d 1271, 1276 (11th Cir. 2003).
discussed Cited as authority (rule) United States v. Quinton Jackson (2×)
11th Cir. · 2017 · confidence medium
Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996); United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (“A traffic stop, however, is constitutional if it is either based upon probable cause to believe a traffic violation has occurred or justified by reasonable suspicion” that the subject is involved in or is about to be involved in criminal activity).
cited Cited as authority (rule) United States v. Chappell
M.D. Ala. · 2017 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008) (internal citations omitted).
discussed Cited as authority (rule) United States v. Phillip Don Scott (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. Isaac Dillard Wilson (2×) also: Cited "see, e.g."
11th Cir. · 2016 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) Taylor Ziegler v. Martin County School District
11th Cir. · 2016 · confidence medium
The Students argue the bus driver did not have authority to permit Officer Brush to inspect the party bus. “ ‘A search of property, without warrant or probable cause, is proper under the Fourth Amendment when preceded by valid consent.’ ” United States v. Harris, 526 F.3d 1334, 1339 (11th Cir. 2008) (quoting United States v. Dunkley, 911 F.2d 522, 525 (11th Cir. 1990)).
cited Cited as authority (rule) United States v. Johnny Dewitt Harris
11th Cir. · 2016 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. Shabazz Sangria Wingfield (2×) also: Cited "see"
11th Cir. · 2016 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir.2008).
cited Cited as authority (rule) United States v. Holmes
M.D. Fla. · 2015 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir.2008).
cited Cited as authority (rule) United States v. Oliver Gayle
11th Cir. · 2015 · confidence medium
United States v. Harris, 526 F.3d 1334, 1337 (11th Cir.2008).
cited Cited as authority (rule) United States v. Tyron Rashod Barber
11th Cir. · 2015 · confidence medium
United States v. Lee, 586 F.3d 859, 864 (11th Cir.2009); United States v. Harris, 526 F.3d 1334, 1338 (11th Cir.2008).
discussed Cited as authority (rule) United States v. Eduardo Barnes
11th Cir. · 2015 · confidence medium
As a passenger, Barnes had standing to challenge the traffic stop, but the evidence established that the stop was “constitutional [because] it ... [was] based upon probable cause to believe a traffic violation ha[d] occurred.... ” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir.2008).
cited Cited as authority (rule) Rice v. Murakami
D. Idaho · 2014 · confidence medium
U.S. v. Harris, 526 F.3d 1334, 1338 (11th Cir.2008).
discussed Cited as authority (rule) William Smith v. City of Oak Hill, Florida
11th Cir. · 2014 · confidence medium
“A traffic stop ... is constitutional if it is ... based upon probable cause to believe a traffic violation has occurred....” United States v. Harris, 526 F.3d 1334, 1337 (11th Cir.2008) (per curiam).
cited Cited as authority (rule) United States v. Ulysses Antwain Blackmon
11th Cir. · 2014 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir.2008).
cited Cited as authority (rule) United States v. Lee Voyd Merricks
11th Cir. · 2014 · confidence medium
United States v. Harris, 526 F.3d 1334, 1338 (11th Cir.2008) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ulysses Antwan HARRIS, A.K.A. Antoine Harris, Defendant-Appellant
07-13473.
Court of Appeals for the Eleventh Circuit.
May 8, 2008.
526 F.3d 1334
Richard Brooks Holcomb and Stephanie Kearns, Federal Public Defenders, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant., Todd C. Alley, Amy Levin Weil, U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.
Tjoflat, Anderson, Hull.
Cited by 112 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: S.D. Alabama (1)
PER CURIAM:

Ulysses Antwan Harris appeals his conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g) and 924(e), and seeks a new trial on two grounds: (1) the district court erred by denying his motion to suppress a .357 caliber Magnum pistol found by an Atlanta, Georgia police officer under the[*1337] floor mat in the passenger’s compartment of a Yellow taxicab in which he was riding; (2) statements he made to federal ATF agents while he was being held in state custody on state criminal charges (but before he was charged in the instant case), which the court admitted into evidence, were taken in violation of his Sixth Amendment right to counsel. We address these grounds in turn.

I.

The facts giving rise to the police officer’s seizure of the pistol were these. At 1:00 a.m. on May 16, 2005, Officer Min Woo Cha was on routine patrol in a high crime area where crack cocaine trafficking was routine. He observed Harris walk into a parking lot, reach behind some bushes along the fence line, remove what appeared to be a dark-colored handgun, and place it in his pocket. This caught Cha’s attention because drug traffickers frequently hide drugs and handguns behind bushes. Shortly thereafter, a Yellow taxicab van arrived and picked up Harris. Cha followed the cab down a four-lane street (two lanes in each direction), and observed it change lanes without using its turn signal, in violation of Georgia law. Cha promptly pulled the cab over, explained the violation to the driver, asked Harris to exit the cab, and inquired as to where he was going. Cha also asked him if he had any drugs or weapons on his person; Harris said “no.” Harris then consented to a search of his person, and Cha found no drugs or weapon. Cha then obtained the cab driver’s consent to search the passenger compartment of the cab, where Harris had been sitting. On lifting the floor mat, Cha found the .357 Magnum at issue.

Harris asserts that the district court erred in admitting the pistol into evidence because (1) Officer Cha lacked probable cause to stop the taxicab [1] ; (2) Harris had a legitimate expectation of privacy in the entire passenger compartment of the cab; and (3) the cab driver’s consent was ineffective because Harris had a superior privacy interest.

“The Fourth Amendment protects individuals from unreasonable search and seizure.” Chanthasouxat, 342 F.3d at 1275. A traffic stop, however, is constitutional if it is either based upon probable cause to believe a traffic violation has occurred or justified by reasonable suspicion in accordance with Terry, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. Chanthasouxat, 342 F.3d at 1275. When determining whether an officer had probable cause to believe that a traffic violation occurred, the “officer’s motive in making the traffic stop does not invalidate what is otherwise objectively justifiable behavior under the Fourth Amendment.” United States v. Simmons, 172 F.3d 775, 778 (11th Cir.1999) (quotation omitted). The Constitution also permits police officers to conduct a brief investigatory stop, Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), “if they have a reasonable, articulable suspicion based on objective facts that” an individual is engaged in criminal activity. United States v. Powell, 222 F.3d 913, 917 (11th Cir.2000). A determination of reasonable suspicion is based on the totality of the circumstances, and “[i]t does not require officers to catch the suspect in a crime. Instead, [a] reasonable suspicion of criminal activity may be formed by observing exclusively legal activity.” United States v. Acosta, 363 F.3d 1141, 1145 (11th[*1338] Cir.2004) (citations omitted). Additionally, the issue is not whether the particular officer involved “actually and subjectively had the pertinent reasonable suspicion, but whether, given the circumstances, reasonable suspicion objectively existed to justify [the investigatory stop].” United States v. Nunez, 455 F.3d 1223, 1226 (11th Cir.2006). With the foregoing principles in hand, we assess Harris’s first point: Officer Cha lacked probable cause to stop the taxicab.

Officer Cha had probable cause to stop the taxicab because he observed the taxicab commit a traffic violation when it failed to signal during a lane change. Georgia law requires drivers to signal an intention to change lanes when necessary to alert other drivers. O.C.G.A. § 40-6-123(b). Cha also had reasonable suspicion to conduct an investigatory Terry stop because he witnessed Harris remove a dark object that looked like a handgun from behind some bushes immediately before getting into the taxicab.

Regarding Harris’s second point, the parties dispute whether Harris had a legitimate expectation of privacy in the cab’s passenger compartment, particularly the area underneath the compartment’s floor mat.

The accused bears the burden of demonstrating a legitimate expectation of privacy in the area searched. See United States v. Cooper, 133 F.3d 1394, 1398 (11th Cir.1998) (holding that the individual challenging the search has the burden of both proof and persuasion). If the accused successfully establishes an expectation of privacy, the burden then shifts to the government to prove that the search was reasonable based upon a recognized exception to the warrant requirement. United States v. Bachner, 706 F.2d 1121, 1125-26 (11th Cir.1983). A person has a legitimate expectation of privacy if (1) he has a subjective expectation of privacy, and (2) society is prepared to recognize that expectation as objectively reasonable. United States v. Segura-Baltazar, 448 F.3d 1281, 1286 (11th Cir.2006). “A legitimate expectation of privacy [must] be proven by factors beyond mere possession, such as a right to exclude or a right to privacy.” United States v. Espinosa-Orlando, 704 F.2d 507, 512 (11th Cir.1983) (citing Rakas v. Illinois, 439 U.S. 128, 143-44 & n. 12, 99 S.Ct. 421, 430-31 & n. 12, 58 L.Ed.2d 387 (1978)).

Supreme Court cases suggest in dicta that a taxicab passenger may enjoy a legitimate expectation of privacy in a cab, although the Court has not defined the exact parameters of such expectation. See Katz v. United States, 389 U.S. 347, 352, 88 S.Ct. 507, 511-12, 19 L.Ed.2d 576 (1967) (noting that “[n]o less than an individual ... in a taxicab,” an individual in a telephone booth “who occupies it, shuts the door behind him, and pays the toll” is entitled to the protection of the Fourth Amendment); Rios v. United States, 364 U.S. 253, 261-62, 80 S.Ct. 1431, 1436-37, 4 L.Ed.2d 1688 (1960) (applying Fourth Amendment principles to the search of the passenger area of an occupied taxicab without addressing the occupant’s expectation of privacy). Regarding passengers in a private car, the Court has held that a passenger, who has no possessory interest in the automobile, does not have a legitimate expectation of privacy in the interior of the automobile because he does not have the right to exclude others from the car. Rakas, 439 U.S. at 140, 143 n. 12, 148, 99 S.Ct. at 429, 430 n. 12. Of course, we do not know the effect of Rakas on Katz and Rios.

While we have established some general boundaries regarding a passenger’s legitimate expectation of privacy in a private vehicle, we have not specifically addressed a taxicab passenger’s standing to challenge[*1339] a search of the passenger compartment of the cab. See Cooper, 133 F.3d at 1398 (“A passenger usually lacks a privacy interest in a vehicle that the passenger neither owns nor rents”). We have recognized a Fourth Amendment right to challenge the search of a hidden compartment in which there was no legitimate expectation of privacy, because the authorities gained access to the compartment through an area in which there was a reasonable expectation of privacy. United States v. Morales, 847 F.2d 671, 672-73 (11th Cir.1988) (holding that because discovery of a hidden compartment in the floor of the crewmembers’ sleeping quarters involved a search of the sleeping quarters itself, the crewmembers had “a reasonable expectation of privacy to prevent the unwarranted process of the search”). Id. at 672-73.

However, we need not resolve whether and to what extent a taxicab passenger enjoys a legitimate expectation of privacy in a cab because in this case the cab driver gave the officers consent to search the cab.

“A search of property, without warrant or probable cause, is proper under the Fourth Amendment when preceded by valid consent.” United States v. Dunkley, 911 F.2d 522, 525 (11th Cir.1990). “An officer conducting a routine traffic stop may request consent to search the vehicle.” United States v. Purcell, 236 F.3d 1274, 1281 (11th Cir.2001). A third party who has “common authority over or other sufficient relationship to the premises or effects sought to be inspected” may give valid consent to search an area. United States v. Matlock, 415 U.S. 164, 171, 94 S.Ct. 988, 993, 39 L.Ed.2d 242 (1974). Specifically, a third party’s consent is valid if he has mutual use of the property, with joint access to or control of the area for most purposes. Id. at 171 n. 7, 94 S.Ct. at 993 n. 7. However, “a physically present inhabitant’s express refusal of consent to a police search is dispositive as to him, regardless of the consent of a fellow occupant.” Georgia v. Randolph, 547 U.S. 103, 122-23, 126 S.Ct. 1515, 1528, 164 L.Ed.2d 208 (2006). Thus, the extension of the prohibition on warrantless searches applies only to defendants who are present and actually express a refusal to consent. Id. at 121-23, 126 S.Ct. at 1527-28; see United States v. Delaney, 502 F.3d 1297, 1308 n. 7 (11th Cir.2007) (holding that Randolph was inapplicable when it was not “a situation where one resident consented and the other refused”).

We have extended the Supreme Court’s reasoning in Matlock to apply to consensual vehicle searches. Dunkley, 911 F.2d at 525-26. In Dunkley, we held that the driver possessed joint access and immediate control over the vehicle even though the lessee of the vehicle was a passenger. Id. at 526. Based on this joint access, the driver’s consent to search was valid at least in regards to the front and back seats. Id.

Assuming Harris had a legitimate expectation of privacy in the entire passenger compartment, the district court did not err by failing to suppress the pistol because Officer Cha justifiably relied on the cab driver’s consent to search the area. Also, although present when the driver consented to the search, Harris never expressed any disagreement with the driver’s consent; rather, he remained silent.

In sum, we find no error in the district court’s admission of the pistol into evidence.

II.

Harris’s second ground for reversal and a new trial is that the statements he made to the ATF agents while he was being held in the Fulton County Jail on criminal charges brought by the State were inadmissible. Harris made the state[*1340] ments after waiving his Miranda rights; he argues, however, that they were inadmissible because having been provided an attorney to represent him on the state charges, his right to counsel for purposes of the agents’ questioning him about his potential violation of 18 U.S.C. §§ 922(g) and 924(e) had attached.

Harris’s argument turns on whether the dual sovereignty doctrine applies. We answered this question in the affirmative on March 13, 2008, in United States v. Burgest, 519 F.3d 1307 (11th Cir.2008). In that case, we held that “Burgest’s prior invocation of his right to counsel for his state drug charge did not attach to the uncharged federal drug offenses when the federal agents interviewed him.” Id. at 1311.

For the foregoing reasons, Harris’s conviction is

AFFIRMED.

1

. Harris contends that Officer Cha also lacked probable cause to search the cab. The district court made no finding on that issue, and the Government does not contend that Cha had probable cause to search. We therefore do not address the question of whether Cha had probable cause to effect the search of the cab’s passenger compartment.