Byrd v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1371 | 3d Cir. | Jan 9, 2018 | May 14, 2018 | 9-0 | Kennedy | OT 2017 |
Holding: The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy protected by the Fourth Amendment.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kennedy on May 14, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed a concurring opinion.
SCOTUSblog Coverage
- OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays, May 21, 2018)
- Opinion analysis: Justices rule unanimously for driver in rental-car case (Updated) (Amy Howe, May 14, 2018)
- Argument analysis: Rental cars, reasonable expectations of privacy and property rights (Amy Howe, January 9, 2018)
- A "view" from the courtroom: Vehicle problems at the Supreme Court (Mark Walsh, January 9, 2018)
- OT2017 #10: "Under the Heat Lamp" (First Mondays, January 8, 2018)
- Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement? (Amy Howe, January 3, 2018)
- OT2017 #7: “Keys to a Valet” (First Mondays, November 27, 2017)
- Justices release January calendar (Amy Howe, November 17, 2017)
- OT2017 #1: "A Very Nice Office" (First Mondays, October 2, 2017)
- Justices issue orders from "long conference" (UPDATED) (Amy Howe, September 28, 2017)
| Date | Proceedings and Orders |
|---|---|
| May 11 2017 | Petition for a writ of certiorari filed. (Response due June 15, 2017) |
| Jun 08 2017 | Order extending time to file response to petition to and including July 17, 2017. |
| Jun 12 2017 | Brief amicus curiae of National Association for Public Defense filed. |
| Jul 17 2017 | Brief of respondent United States in opposition filed. |
| Aug 01 2017 | Reply of petitioner Terrence Byrd filed. (Distributed) |
| Aug 02 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Sep 28 2017 | Petition GRANTED. |
| Nov 13 2017 | Brief of petitioner Terrence Byrd filed. |
| Nov 13 2017 | Joint appendix filed. |
| Nov 15 2017 | Brief amicus curiae of Southwestern Law Student Lindsey N. Ursua, et al. filed. |
| Nov 16 2017 | Brief amicus curiae of Restore the Fourth, Inc. filed. |
| Nov 17 2017 | SET FOR ARGUMENT ON Tuesday, January 9, 2018 |
| Nov 20 2017 | Brief amici curiae of The American Civil Liberties Union and The National Association of Criminal Defense Lawyers filed. |
| Nov 20 2017 | Brief amicus curiae of National Motorists Association filed. |
| Nov 20 2017 | Brief amici curiae of National Ass'n for Public Defense and the National Ass'n of Federal Defenders filed. |
| Nov 20 2017 | Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. |
| Nov 20 2017 | Brief amicus curiae of Morgan A. Cloud filed. (Distributed) |
| Nov 20 2017 | Brief amici curiae of Fourth Amendment Scholars filed. (Distributed) |
| Nov 22 2017 | CIRCULATED. |
| Dec 13 2017 | Brief of respondent United States filed. (Distributed) |
| Dec 18 2017 | Record requested from the U.S.C.A. 3rd Circuit. |
| Dec 20 2017 | Brief amici curiae of Arizona, et al. filed. (Distributed) |
| Dec 28 2017 | Record received from the United States District Court Middle District of Pennsylvania (Harrisburg). The record is electronic. |
| Dec 28 2017 | Record received from the U.S.C.A. 3rd Circuit is electronic, and contain some Sealed Documents. |
| Dec 28 2017 | Reply of petitioner Terrence Byrd filed. (Distributed) |
| Jan 09 2018 | Argued. For petitioner: Robert M. Loeb, Washington, D. C. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 14 2018 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., filed a concurring opinion. |
| Jun 15 2018 | JUDGMENT ISSUED. |
