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(s)
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.
