Supreme Court greenlights driver rights in rental car case

Featured Articles

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

  • Kentucky high court: Death penalty IQ law unconstitutional

    Kentucky high court: Death penalty IQ law unconstitutional

    Featured Articles 06/16/2018

    The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."News outlets report that the court on Thursday deemed Kentucky's ...

  • Kansas court avoids ruling on execution for student's death

    Kansas court avoids ruling on execution for student's death

    Featured Articles 06/14/2018

    The 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...

  • Ohio's top court to hear arguments on promotions tax dispute

    Ohio's top court to hear arguments on promotions tax dispute

    Featured Articles 06/11/2018

    The Ohio Supreme Court plans to hear arguments in a dispute over promotions including bobbleheads and other items offered by the Cincinnati Reds to ticket buyers.At issue is whether the Reds are exempt from paying tax on the purchase of the promotion...

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.