946 F.3d 1024
8th Cir.2020Background:
- In Nov. 2016 Trooper stopped a Toyota rental for speeding; driver used an Illinois ID under another name and lacked a valid license; rental contract listed Bettis’s wife, Natasha Daniels, as sole authorized driver.
- Trooper smelled raw marijuana; canine alerted to the driver’s side and center console; officers found marijuana remnants in the console after a roadside search.
- Officers towed the vehicle to a police garage for a more thorough search; a second dog sniff the next day alerted and officers obtained a search warrant.
- A subsequent search revealed ~200 grams of heroin hidden in the driver’s headrest; Bettis was indicted for possession with intent to distribute and distribution counts.
- Bettis moved to suppress the heroin, arguing towing and continued search after the roadside search lacked probable cause; the district court denied suppression and convicted Bettis; this appeal followed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge search of rental car | Bettis (unauthorized, unlicensed driver) lacked a reasonable expectation of privacy in the rental vehicle | Bettis had permission from the renter (Daniels) to use the car and therefore a privacy interest | Court: Bettis has standing because Daniels consented; an unauthorized/unlicensed driver may have a reasonable expectation of privacy when the renter grants permission (Best, Muhammad control) |
| Seizure/towing and subsequent search (probable cause) | After roadside flashlight search found only marijuana remnants, officers lacked probable cause to tow and further search the car | Canine alerts, false IDs, inconsistent stories, prior trafficking history, and marijuana as a masking agent established probable cause to impound and conduct a more thorough search (warrant later obtained) | Court: Probable cause existed; towing and later warrant-supported search were reasonable under totality of circumstances (Olivera-Mendez and Ross principles) |
Key Cases Cited
- United States v. Olivera-Mendez, 484 F.3d 505 (8th Cir. 2007) (probable cause can persist after inconclusive roadside searches; dismantling/garage searches may be necessary)
- Byrd v. United States, 138 S. Ct. 1518 (2018) (framework for expectation-of-privacy analysis for unauthorized users of rental vehicles)
- United States v. Muhammad, 58 F.3d 353 (8th Cir. 1995) (unauthorized driver may establish standing by showing permission from renter)
- United States v. Best, 135 F.3d 1223 (8th Cir. 1998) (unauthorized, unlicensed driver has standing if renter consent is shown)
- United States v. Ross, 456 U.S. 798 (1982) (probable cause justifies search of any vehicle area that may conceal contraband)
- Michigan v. Thomas, 458 U.S. 259 (1982) (vehicle in police custody may be searched without a warrant if probable cause exists)
- United States v. Casares-Cardenas, 14 F.3d 1283 (8th Cir. 1994) (search need not be completed at roadside; impoundment for thorough search can be justified)