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Byrd v. United States

Docket No.16-1371
Op. Below3d Cir.
ArgumentJan 9, 2018

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 Anthony McLeod Kennedy on May 14, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed a concurring opinion.

Proceedings & orders timeline

May 11, 2017
Petition for a writ of certiorari filed. (Response due June 15, 2017)
Jun 8, 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 1, 2017
Reply of petitioner Terrence Byrd filed. (Distributed)
Aug 2, 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 9, 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.

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