Supreme Court greenlights driver rights in rental car case

Legal Outlook

The Supreme Court said Monday that people who borrow rental cars from friends or family are generally entitled to the same protections against police searches as the authorized driver.

The justices ruled unanimously that as a general rule someone who is "in otherwise lawful possession and control of a rental car" has a reasonable expectation of privacy in the car even if the rental agreement doesn't list the person as an authorized driver. That means police can't generally search the car unless they have a warrant or what's called "probable cause" to believe a crime has been committed.

Justice Anthony Kennedy, writing for the court, noted there "may be countless innocuous reasons why an unauthorized driver might get behind the wheel of a rental car and drive it," including that the renter is drowsy or drunk and that the renter and a friend "think it is safer for the friend to drive them to their destination."

The Trump administration had argued that anyone driving a rental car but not listed on a rental agreement does not have an expectation of privacy in the car. That would mean that police who pulled over a rental car with an unauthorized driver could search the car without the person's consent. The Supreme Court rejected the government's argument, saying it "rests on too restrictive a view" of protections in the Fourth Amendment.

Attorneys arguing for protections for unauthorized drivers had noted that 115 million car rentals take place annually in the United States. They said that if the government won, police would have an incentive to pull over a rental car driver who commits a traffic violation because police would know they could search the car if the driver isn't on the rental agreement.

The case the justices ruled in dates to 2014 and involves Terrence Byrd, who was driving a car rented by his fiance when a state trooper pulled him over on a Pennsylvania highway for an alleged minor traffic violation. He acted nervous during the stop and told troopers he had a marijuana cigarette in the car. Officers eventually decided to search the car.

Because the rental agreement didn't authorize Byrd to drive the car, troopers told him they didn't need his consent for the search. And when troopers opened the trunk, they found body armor and about 2,500 little bags of heroin. Byrd later acknowledged he planned to sell the drugs for roughly $7,000, and a court sentenced him to 10 years in prison.

Related listings

  • NY high court nixes Trump's bid to delay defamation suit

    NY high court nixes Trump's bid to delay defamation suit

    Legal Outlook 06/16/2018

    New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.The ruling by the state Court of Appeals didn't ...

  • Polish court rules against man who wouldn't serve LGBT group

    Polish court rules against man who wouldn't serve LGBT group

    Legal Outlook 06/12/2018

    Poland's Supreme Court has ruled against a businessman who refused to print posters for an LGBT business group because he did not want to "promote" the gay rights movement. The country's top court said it was upholding the ruling of a lower court. Th...

  • Court to consider fraud investigator in NFL concussion case

    Court to consider fraud investigator in NFL concussion case

    Legal Outlook 06/01/2018

    A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.The league last month cited an independent st...

Processing Change for Certain Form I-730 Petitions

USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.