Byrd v. United States

The United States Supreme Court recently released their opinion for its latest Fourth Amendment case: Byrd v. United States. The Court didn’t do much, remanding two of the three issues. The Court, however, did hold the following:

[T]he mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy.

Great news for those who drive other people’s rental cars (without paying the extra fee to get permission to do so). But only okay news for Terrence Byrd; arguing that the police did not have probable cause to search will be an uphill battle:

Long asked Byrd if he had anything illegal in the car. When Byrd said he did not, the troopers asked for his consent to search the car. At that point Byrd said he had a “blunt” in the car and offered to retrieve it for them. The officers understood “blunt” to mean a marijuana cigarette.