Published on: Wednesday, January 3, 2018

Next Tuesday, January 9, the Supreme Court will hear oral argument in two Fourth Amendment cases involving automobiles.   

In Byrd v. United States, No. 16-1371, the Justices will consider this question: “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?”  The briefing in Bryd is available from the Surpreme Court’s website here.  Amy Howe previews the argument here at SCOTUSblog.   Orin Kerr has four interesting thoughts on Bryd here at The Volokh Conspiracy. 

In Collins v. Virginia, No. 16-1027, the Court will consider “[w]hether the Fourth Amendment's automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a home, and search a vehicle parked a few feet from the house.”  Briefing is available from the Supreme Court’s website here.  Amy Howe previews the argument here

The Training Division provides litigation resources on search and seizure generally, automobile exception, and wiretaps and electronic surveillance