United States v. Bettis, No. 18-2407 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress nearly 2000 grams of heroin found in a rental car defendant was driving. The court held that, even if a strawman eliminated Fourth Amendment standing, the evidence here does not establish a strawman situation and the court's precedent holds that an unauthorized and unlicensed driver may challenge a search of a rental car operated with the renter’s permission. Therefore, defendant had standing to challenge the search of the vehicle.
The court also held that, as the encounter with defendant unfolded, officers developed additional evidence indicating deception and criminal conduct. Therefore, the officers had probable cause to seize the vehicle and continue the search.
Court Description: 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.
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