Supreme Court greenlights driver rights in rental car case
Law Journals
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
-
Gamers in court for first time after Kansas 'swatting' death
National Legal News 06/15/2018Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that h...
-
Kansas court avoids ruling on execution for student's death
Legal Compliance 06/15/2018The Kansas Supreme Court has postponed a decision on whether the state can execute a man convicted of kidnapping, raping and strangling a 19-year-old college student.The high court on Friday upheld the capital murder conviction of Justin Eugene Thurb...
-
NY high court nixes Trump's bid to delay defamation suit
U.S. Court Watch 06/15/2018New 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 ...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.