NACDL - Byrd v. United States

Byrd v. United States

Brief of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner.

Brief filed: 11/20/2017

Documents

Byrd v. United States

United States Supreme Court; Case No. 16-1371

Prior Decision

Decision below 679 Fed.Appx. 146 (3rd Cir. Feb. 10, 2017 (filed)).

Argument

The Fourth Amendment applies to the search of a rental car operated by an individual with express authorization to operate the vehicle. The Fourth Amendment applies to petitioner because he had a property interest in the rental vehicle at common law. The officers’ search intruded upon petitioner’s reasonable expectation of privacy. The ruling below disproportionately harms low-income individuals and people of color. The ruling below restricts Fourth Amendment protections for a ubiquitous part of the economy that is critically important to low-income individuals. The ruling below disproportionately harms people of color, who are more likely to be pulled over by police while driving and to be searched after being pulled over. 

Author(s)

Jeffrey T. Green and Michael B. Buschbacher, Sidley Austin LLP, Washington, DC; Joshua L. Dratel, NACDL, New York, NY.