The Supreme Court wrestled Tuesday with the issue of whether an unauthorized driver of a rental car has a reasonable expectation to privacy under the Fourth Amendment.
In the case, Byrd v. United States, plaintiff Terrence Byrd borrowed a car rented by his fiancee, who was the authorized driver on the rental agreement. Byrd, who was not listed on the rental agreement, was pulled over by police while driving down Interstate 81 near Harrisburg, Pa.
When police searched the car, they found blocks of heroin and body armor in the trunk.
Byrd was sentenced to 10 years in prison, but he argued the search of the vehicle was a violation of his Fourth Amendment rights. Lower courts, though, said that because he was not an authorized driver of the vehicle, there was no expectation of privacy.
The 3rd U.S. Circuit Court of Appeals agreed. But there is a split among the circuits on the issue.
During oral arguments Tuesday, the justices raised questions about various instances that may allow the police to conduct a search of a vehicle without a warrant.
Justice Stephen Breyer suggested a situation in which a father gives permission to one son to drive his vehicle, and asked whether a second son who drives without permission would have a reasonable expectation to privacy.
Breyer also lamented that Fourth Amendment law is complex, and told Eric Feigin, who argued the case for U.S. government, that he wants a simple rule for law enforcement to follow.
Breyer also addressed the rental car agreement, saying people have to sign many such agreements, such as for houses or sublets.
Justice Sonia Sotomayor asked Feigin whether the standard should be that police are allowed to search a rental car without probable cause.
Doing so, she warned, could give police the leeway to search all rental cars.
Feigin told the justices he didn’t believe there was any evidence to support such a concern.
She also questioned whether a ruling against Byrd would mark the first time the court says a private contract that raises concerns about insurance rather than criminality creates a Fourth Amendment protection for police.
Sotomayor was referring to insurance clauses in rental agreements about unauthorized drivers.
