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." Id. 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.

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