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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.