Byrdv.United States
Terrence Byrd drove a rental car that another person had rented in her own name and had not listed him as an authorized driver. After a traffic stop, Pennsylvania troopers learned that Byrd was not on the rental agreement, searched the car, and found body armor and heroin in the trunk. The lower courts held that Byrd lacked a reasonable expectation of privacy because he was an unauthorized driver. The Supreme Court vacated that judgment. The Court held that the mere fact that a driver in lawful possession or control of a rental car is not listed on the agreement does not automatically defeat an otherwise reasonable expectation of privacy. Property concepts, including lawful possession and the right to exclude others, help determine whether the Fourth Amendment protects the driver’s privacy interest, though a bare thief or other wrongful possessor may stand differently. The Court remanded for further consideration of the remaining questions, including the rental agreement and the circumstances of Byrd’s possession. Justice Thomas concurred and Justice Alito also concurred; Justice Gorsuch dissented.
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