Fourth Amendment and Rental Car Searches
The Fourth Amendment guards “against unreasonable searches and seizures.” U.S. Const. amend. IV. To challenge the legality of a search under the Fourth Amendment, a criminal defendant must prove a “legitimate expectation of privacy” in the area or item searched (Rawlings v. Kentucky, 448 U.S. 98 (1980)).
As the Court explained in Rakas v. Illinois, 439 U.S. 128 (1978), someone cannot raise a Fourth Amendment claim if the search was of another person’s property or premises without any personal connection.
Byrd v. United States: Lawful Possession of a Rental Car
In Byrd v. United States, 138 S. Ct. 1518 (2018), the Supreme Court recognized that even if a rental agreement does not list a driver, the person may still have a legitimate expectation of privacy if they are in lawful possession of the vehicle.
Burden of Proof in Suppression Challenges
The burden lies on the defendant to prove lawful possession. In United States v. Castellanos, 716 F.3d 828 (4th Cir. 2013), the defendant failed to show evidence of ownership or permission to use the vehicle, so the court ruled he lacked a legitimate expectation of privacy.
Application to Daniels’ Case
Following the same logic, the Fourth Circuit in United States v. Daniels (No. 19-4812, 2022 WL 2912314) rejected Daniels’ claim because he did not provide evidence that he lawfully possessed the rental car. Counsel’s unsupported arguments were not enough.
Read the full Daniels opinion (4th Cir. 2022)
Watch: Can police search a rental car without a warrant or consent? | Byrd v. United States
FAQ: Rental Car Search
Can police search a rental car without my consent?
Not always. Courts look at whether you had a legitimate expectation of privacy in the vehicle. Unauthorized drivers may still have rights if they had lawful possession.
Do I have privacy rights if I’m not on the rental agreement?
Yes, but you must prove lawful possession (e.g., permission from the renter).
What happens if I can’t prove permission?
You likely cannot challenge the search, since the court may find you lacked a legitimate expectation of privacy.
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