NACDL submits this comment in response the Bureau of Prisons’ Proposed rule that would significantly change the regulations regarding the Inmate Financial Responsibility Program. We oppose these proposed changes, which are harsh and inequitable and will harm not only people who are incarcerated, but their families and dependents.
Brief of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner.
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.