Whether an unauthorized driver of a rental car maintains lawful possession and control of the car where there are modest violations of the rental car agreement

QUESTIONS PRESENTED In Byrd v. United States, 138 S. Ct. 1518 (2018), the Court held that, “as a general rule, someone in otherwise lawful possession and control of a rental car has a reasonable expectation of privacy in it even if the rental agreement does not list him or her as an authorized driver.” Jd. at 1524. Post-Byrd, the questions presented are: 1. Whether an unauthorized driver of a rental car maintains lawful possession and control of the car where there are modest violations of the rental car agreement, such as the agreement’s expiration; and 2. Whether a rental car agent exercising authority and control over a rental car because of a modest violation of the rental car agreement may provide consent to search an unauthorized driver’s personal belongings. i