Supreme Court puts brakes on police searches of rental cars

[Eugene]

Source: Reuters

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday limited the ability of police to search rental cars driven by someone other than the person who signed the rental agreement, shoring up privacy rights behind the wheel.

The nine justices unanimously threw out a lower court ruling that had approved of a search by Pennsylvania police of a Ford Fusion driven by Terrence Byrd, whose girlfriend had rented the car. State troopers told Byrd they could search the car because he was not listed as an authorized driver, and they found heroin and a bulletproof vest in the trunk.

Writing for the court, Justice Anthony Kennedy said 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.”

At issue was whether police violated the U.S. Constitution’s Fourth Amendment, which protects against unreasonable searches and seizures.

-snip-

SUPREME COURT MAY 14, 2018 / 2:04 PM / UPDATED 2 HOURS AGO
Andrew Chung
2 MIN READ


Read more: https://www.reuters.com/article/us-usa-court-search/supreme-court-puts-brakes-on-police-searches-of-rental-cars-idUSKCN1IF2K9

[X_Digger]

1. Unanimous decision, too. Good! n/t

[Towlie]

2. But here's the fallacy of this and other such rulings:

The fallacy is that the finding shouldn't invalidate the conviction, it should only result in the prosecution of the law enforcement officials responsible for the human rights violation. It's not right that the known and proven criminal offense goes unpunished, while the officers who commit the illegal searches generally go unpunished and enjoy the sympathy of the public.

In short, it makes no sense.