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Byrd v. United States (Argument January 9, 2018)


This case has been decided. See how it turned out!

Can you expect privacy from police search in a rental car if you are not on the lease?

Terrence Byrd’s fiancee rented a car from Budget. She gave Byrd permission to drive it, but he was not on the lease (which obviously said no other drivers should drive it). Byrd got pulled over.

The Fourth Amendment

This case is about whether the Fourth Amendment protections against unreasonable search applied to Byrd.

If you want to read more details about what happened, the lower court’s decision is clearly-written and short. Check it out!

Our infographic

We outline how a person’s right to use property (like a house or car) corresponds to the privacy they can expect in it.

An interesting hypothetical

Suppose Byrd had been merely sitting in the car (not driving)? In that scenario, the lease would not have been broken. Could he have expected privacy then?

More information:

Cases cited (also clickable from the infographic):

About the Author

Mariam Morshedi

Mariam Morshedi

Mariam Morshedi is the Founder and Executive Director of Subscript Law. Before starting Subscript Law, she practiced civil rights law for AARP Foundation, where she litigated housing, consumer and disability rights issues.

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