Supreme Court Review

Article Title

Byrd v United States: Unauthorized Drivers of Rental Cars Have Fourth Amendment Rights? Not as Evident as It Seems


No discerning student of the Supreme Court would contend that Justice Anthony Kennedy broadly interpreted the Fourth Amendment during his thirty years on the Court. For example, in Maryland v King, a 2013 case that Justice Samuel Alito described as “perhaps the most important criminal case that this Court has heard in decades, ”Justice Kennedy’s majority opinion rejected a Fourth Amendment challenge to a Maryland law requiring forensic testing of DNA samples taken from persons arrested for violent crimes. King was criticized by individuals and organizations across the political spectrum, and it has been characterized as “a watershed moment in the evolution of Fourth Amendment doctrine and an important signal for the future of biotechnologies and policing.”

Full text not available in ChicagoUnbound.