Byrd v. United States, 584 U.S. ___, 138 S. Ct. 1518 (May. 14, 2018)

Pennsylvania State Troopers pulled over a car driven by Terrence Byrd. Byrd was the only person in the car. During the traffic stop the troopers learned that the car was rented and that Byrd was not listed on the rental agreement as an authorized driver. For this reason, the troopers told Byrd they did not need his consent to search the car, including its trunk where he had stored personal effects. A search of the trunk uncovered body armor and 49 bricks of heroin. The defendant was charged with federal drug crimes. He moved to suppress the evidence. The Federal District Court denied the motion and the Third Circuit affirmed. Both courts concluded that, because Byrd was not listed on the rental agreement, he lacked a reasonable expectation of privacy in the car. The Supreme Court granted certiorari to address the question whether a driver has a reasonable expectation of privacy in a rental car when he or she is not listed as an authorized driver on the rental agreement. The Government argued, in part, that drivers who are not listed on rental agreements always lack an expectation of privacy in the automobile based on the rental company’s lack of authorization alone. The Court found that “[t]his per se rule rests on too restrictive a view of the Fourth Amendment’s protections.” It held, in part: “the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy.” The Court remanded on two arguments advanced by the Government: that one who intentionally uses a third party to procure a rental car by a fraudulent scheme for the purpose of committing a crime is no better situated than a car thief (who, the Court noted, would lack a legitimate expectation of privacy); and that probable cause justified the search in any event.