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Terrence Byrd v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-1509 · judgment February 10, 2017

Decided · May 14, 2018
At-filing estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a petition filed soon after the judgment below.

Question presented

A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car-i.e., an expectation of privacy that society accepts as reasonable. Does a driver have a reasonable expectation of privacy in a rental car when he has the renter's permission to drive the car but is not listed as an authorized driver on the rental agreement?

Counsel of record

For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage · 9 merits
(8 supporting pet./neither, 1 respondent)

Argument & decision

Argued January 9, 2018 — Robert M. Loeb · Eric J. Feigin. Listen and read along · the Court’s audio

Decided May 14, 2018. Opinion by Kennedy.

Proceedings

  1. Jun 15 2018
    JUDGMENT ISSUED.
  2. 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.
  3. 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.
  4. Dec 28 2017
    Record received from the United States District Court Middle District of Pennsylvania (Harrisburg). The record is electronic.
  5. Dec 28 2017
    Record received from the U.S.C.A. 3rd Circuit is electronic, and contain some Sealed Documents.
  6. Dec 28 2017
    Reply of petitioner Terrence Byrd filed. (Distributed)
  7. Dec 20 2017
    Brief amici curiae of Arizona, et al. filed. (Distributed)
  8. Dec 18 2017
    Record requested from the U.S.C.A. 3rd Circuit.
  9. Dec 13 2017
    Brief of respondent United States filed. (Distributed)
  10. Nov 22 2017
    CIRCULATED.
  11. Nov 20 2017
    Brief amici curiae of The American Civil Liberties Union and The National Association of Criminal Defense Lawyers filed.
  12. Nov 20 2017
    Brief amicus curiae of National Motorists Association filed.
  13. Nov 20 2017
    Brief amici curiae of National Ass'n for Public Defense and the National Ass'n of Federal Defenders filed.
  14. Nov 20 2017
    Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed.
  15. Nov 20 2017
    Brief amicus curiae of Morgan A. Cloud filed. (Distributed)
  16. Nov 20 2017
    Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
  17. Nov 17 2017
    SET FOR ARGUMENT ON Tuesday, January 9, 2018
  18. Nov 16 2017
    Brief amicus curiae of Restore the Fourth, Inc. filed.
  19. Nov 15 2017
    Brief amicus curiae of Southwestern Law Student Lindsey N. Ursua, et al. filed.
  20. Nov 13 2017
    Brief of petitioner Terrence Byrd filed.
  21. Nov 13 2017
    Joint appendix filed.
  22. Sep 28 2017
    Petition GRANTED.
  23. Aug 02 2017
    DISTRIBUTED for Conference of 9/25/2017.
  24. Aug 01 2017
    Reply of petitioner Terrence Byrd filed. (Distributed)
  25. Jul 17 2017
    Brief of respondent United States in opposition filed.
  26. Jun 12 2017
    Brief amicus curiae of National Association for Public Defense filed.
  27. Jun 08 2017
    Order extending time to file response to petition to and including July 17, 2017.
  28. May 11 2017
    Petition for a writ of certiorari filed. (Response due June 15, 2017)