The NJ Police Chief Magazine Volume 23, Number 10 | Page 25

The New Jersey Police Chief Magazine | December 2017
October 2017 Term Supreme Court Preview
Byrd v. United States: Whether a driver has a reasonable expectation of privacy in a rental car when he
has the renter’s permission to drive the car but is not listed as an authorized driver on the rental
agreement.
The issue before the Court is:
1. Does a driver have a reasonable expectation of privacy in a rental car when he has the renter’s
permission to drive the car but is not listed as an authorized driver on the rental agreement? The Court
will hear oral arguments in this case on January 9, 2018.
Carpenter v. United States: Whether the Fourth Amendment requires the government to get a search
warrant to obtain historical cell site location information from wireless carriers or if this information can be
obtained by a court order under § 2703(d) of the Stored Communications Act.
The issue before the Court is:
1. Whether the warrantless seizure and search of historical cell phone records revealing the location and
movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. The
Court heard oral arguments in this case on November 29, 2017.
City of Hays, Kansas v. Vogt: Whether the Fifth Amendment’s Self Incrimination Clause prohibits the
use of compelled statements at a probable cause hearing.
Vogt was employed as a police officer with the City of Hays, Kansas. During an internal investigation, the
Hays police chief compelled Vogt to provide a statement describing how Vogt had come into possession of
a knife. Based on Vogt’s compelled statement, as well as other evidence, Vogt was charged in Kansas
state court with two felony counts related to his possession of the knife. Following a probable cause
hearing, the state district court determined that probable cause was lacking and dismissed the charges.
The issue before the Court is:
1. Whether the Fifth Amendment is violated when compelled statements are used at a probable cause
hearing. The Court has not yet scheduled oral arguments in this case.
Collins v. Virginia: Whether a police officer could enter private property without a warrant or consent,
approach a home, and search a vehicle parked a few feet from the house under the automobile exception.
The issue before the Court is:
1. Whether the Fourth Amendment’s automobile exception permits a police officer to uninvited and
without a warrant, to enter private property, approach a home, and search a vehicle parked a few feet
from the house. The Court will hear oral arguments in this case on January 9, 2018.
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