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16-1371 BYRD V. UNITED STATES DECISION BELOW: 679 Fed.Appx. 146 CERT. GRANTED 9/28/2017 QUESTION PRESENTED: A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car-i.e., an expectation of privacy that society accepts as reasonable. Does a driver have a reasonable expectation of privacy in a rental car when he has the renter's permission to drive the car but is not listed as an authorized driver on the rental agreement? LOWER COURT CASE NUMBER: 16-1509
In the case of Byrd v. United States (2017), Terrence Byrd was stopped by police while driving a rental car that his girlfriend had rented. Although he was not listed as an authorized driver on the rental agreement, she had given him permission to drive it. During the traffic stop, officers searched the vehicle and found body armor and 49 bricks of heroin in the trunk. The issue before Supreme Court revolved around whether Mr.Byrd, despite not being named on rental agreement, still possessed a reasonable expectation of privacy under Fourth Amendment rights against unreasonable searches and seizures since he was in lawful possession and control of car at time of search. In a unanimous decision, Supreme Court held that as long as person is in lawful possession or control over premises/property they have right to object to unreasonable search even if they do not have legal title over property.
In the case of Byrd v. United States, there was no formal dissenting opinion issued by any of the justices. The Supreme Court unanimously ruled in favor of Terrence Byrd, stating that a driver who has permission to use a rental car is generally entitled to the same privacy protections under the Fourth Amendment as the person who rented the vehicle. This ruling overturned lower court decisions that had held an unauthorized driver had no reasonable expectation of privacy in a rental vehicle.