[20180614]LSB10149_如果你租了一辆车不要把座椅靠背挪动.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i If You Rent a Car, Dont Move the Seat Back Updated June 14, 2018 The Supreme Court recently announced its decision in Byrd v. United States. There, Pennsylvania police had pulled Byrd over “because he was driving with his hands at the 10 and 2 position on the steering wheel, sitting far back from the steering wheel, and driving a rental car.” The case turned, however, not on whether police had reasonable suspicion for the stop, but on whether Byrd had standing to challenge the subsequent search if he was not listed on the rental agreement. Resolving a split among the lower federal appellate courts over a per se rule, the Court held that “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.” Thus, based solely on the rental agreement, Byrd could not be denied standing to challenge the search of the rental car that resulted in the discovery of a flak jacket and 49 bricks of heroin. The Court returned the case to the U.S. Court of Appeals for the Third Circuit (Thir