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182407P.pdf   01/10/2020  United States  v.  CJ Bettis
   U.S. Court of Appeals Case No:  18-2407
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Kobes, Author, with Shepherd and Erickson, Circuit Judges] Criminal Case - Suppression. Following a traffic stop for speeding, investigation at the scene, conflicting accounts from the driver and passenger, and canine alert of presence of marijuana, the car was towed to a police garage where a further canine alert and subsequent search with a warrant revealed 200 grams of heroin, Bettis was indicted on possession with intent to distribute heroin and heroin distribution and found guilty. On appeal, Bettis appeals from the district court's order denying his motion to suppress. We decline to the government's invitation to overturn precedent recognizing that an unlicensed, unauthorized driver who has permission from the renter has a reasonable expectation of privacy. We agree Bettis had standing to challenge the search. Bettis challenges only the seizure and towing of rental car. As more facts were developed during the initial search, officers had probable cause to seize the car and continue the search. Judge Shepherd concurs in part and concurs in the judgment.