Byrd v. United States (16-1371)

argument 16-1371

Byrd v. United States

Supreme Court of the United States 1h 1m 6 speakers 8 chapters transcribed 6 days ago official recording ↗

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What is the Supreme Court’s main question about privacy expectations in a rental car?

John G. Roberts 0:00

We'll hear argument first this morning in case sixteen thirteen seventy one, Byrd versus United States. Mr

Aaron T. Loeb 0:06

Loeb. Mr Chief Justice, it may it please the court. In this case, the government seeks to transform a violation of a car rental agreement into a rule where unlisted drivers have no ability to even invoke the Fourth Amendment. The government's proposed rule should be rejected for at least three reasons. First, ignoring a person's privacy expectations when he locks his personal property in a car's locked trunk. with the permission of the renter, is contrary to this Court's reasonable expectation of privacy test, which looks to privacy expectations and not contract terms and not property rights. And while the contract violation alleged here does not negate Fourth Amendment rights, it's notable that Mr.

Aaron T. Loeb 0:51

Byrd's presence in the car, and the government does not dispute this, was not improper. His storing of his personal items in the trunk was not even a contract violation.

Unknown 1:00

Could he have been could he have been the renter, given his criminal record?

Aaron T. Loeb 1:06

Uh perhaps not, Your Honor, uh but he was given permission by the renter to store his items in the locked trunk, and the government does not argue that that was impermissible. Suppose he had been just a passenger. And the renter was there. Likewise, even if he is just the passenger, if the person who has rented the car uh gives him permission to lock his own personal property in the trunk of the car, he has a reasonable expectation of privacy that strangers will not rummage through his personal property in that locked trunk.

John G. Roberts 1:38

What if the uh budget rental agreement uh had, you know, in big letters on it, um uh If anyone is stopped driving this car, they must consent to police search. You know, budget doesn't want to be involved in promoting criminal activity.

Aaron T. Loeb 1:55

Uh well, Your Honor uh The uh first of all, Mr. Berg didn't sign the uh uh agreement. So that so that allows him to escape from those provisions? Uh uh moreover, those provisions uh would not define what a person's constitutional rights are. This court has looked to reasonable expectations of privacy. Okay, well what

John G. Roberts 2:15

if what if Reed told him, look, uh uh I don't you know I I know your background, I don't want you transporting flak jackets and heroin in the the the trunk of this car that I've rented.

Aaron T. Loeb 2:26

Uh That would be different than that he d was not given permission by the renter to store his personal property in the trunk. But instead in this record

John G. Roberts 2:35

So then in that case the police he he the the police could go through the trunk without um uh uh uh a a warrant. I I I don't think so, Your Honor. Still read tells him don't put stuff in my trunk and but but you can take the car. I

Aaron T. Loeb 2:51

I I'm sorry, if you're hypothetical where he's uh barred from from doing that, I would I would agree that he doesn't uh uh the he may doesn't have uh permission to use the trunk and he may be more like um the passengers in in the rake case case. So it would be a little I would still say he has a fourth amendment right to invoke there, but a more difficult situation.

John G. Roberts 3:09

So but if the police have access to uh Going back to my first hypothetical, the the the rental agreement, which they probably would. You've got to have the rental agreement in the car. They say, Let me see your license uh or or t title it he gives them the budget agreement and the agreement says uh you must consent to police search if you're stopped. What about that?

Aaron T. Loeb 3:30

Uh again uh that kind of a contract of adhesion you wouldn't ordinarily read. Well you go into a rental agreement, it pops up on a little screen where they tell you to use their electronic signature thing and sign off on it. These are terms that you are

John G. Roberts 3:44

to somebody who is going to put illegal stuff in the car. I don't uh or you know they want to I it's their car. They want to cooperate with the police in terms of what can be used in their car. I don't well put aside the contract of adhesion. What what then? In other words, he knows that budget doesn't want him to have an expectation of privacy in the trunk.