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!
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?
- Another Fourth Amendment case from this term: Carpenter v. United States (considering if the government can get cell phone location records without a warrant).
- Landscape of laws relating to government surveillance.
- Other resources relating to criminal law.