LEGAL

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Use of Force
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The Fourth Amendment: What is a Search?
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- Origins

Reasonable Expectation of Privacy

Byrd v. U.S.

Facts

Latasha Reed rented a car in New Jersey while petitioner Terrence Byrd waited outside the rental facility. Her signed agreement warned that permitting an unauthorized driver to drive the car would violate the agreement. Reed listed no additional drivers on the form, but she gave the keys to Byrd upon leaving the building. He stored personal belongings in the rental car’s trunk and then left alone for Pittsburgh, Pennsylvania. After stopping Byrd for a traffic infraction, Pennsylvania State Troopers learned that the car was rented, that Byrd was not listed as an authorized driver, and that Byrd had prior drug and weapons convictions. Byrd also stated he had a marijuana cigarette in the car. The troopers proceeded to search the car, discovering body armor and 49 bricks of heroin in the trunk.

Issue

Whether a driver in lawful possession or control of a rental car who is not listed on the rental agreement has a reasonable expectation of privacy in the car under the Fourth Amendment.

Held

Byrd had a reasonable expectation of privacy in the rental car under the Fourth Amendment, and the evidence discovered during the search of the car could be challenged.

Discussion

The legitimate expectation of privacy must have a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings recognized and permitted by society. A person’s expectation of privacy may be based on their lawful possession, control, or ownership of the property. 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 their otherwise reasonable expectation of privacy.

Citation

200 L. Ed. 2d 805, 138 S. Ct. 1518 (2018)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege