United States v. Covarrubias

A patrolman stopped a car hauler on a New Mexico highway because a digit on its license plate was unreadable. The officer noticed that a car, secured on the trailer, lacked a license plate. He asked to see its paperwork. The bill of lading showed that the car was being shipped from California to “Juan Pablo” in Indianapolis. The officer checked the VIN, determined that it was not owned by the shipper or receiver, became suspicious of drug trafficking, and received the driver's permission to search the locked vehicle. The officer found 46 pounds of methamphetamine in a hidden compartment below the console. The hauler conducted a controlled delivery to the Indianapolis address. Covarrubias arrived, paid the driver, and drove the car away. Police arrested him. Covarrubias waived his Miranda rights and acknowledged that he paid the driver, that he knew that the car contained methamphetamine, and that he was being paid $2,000 to deliver the car to an associate. A jury convicted Covarrubias under 21 U.S.C. 841(a)(1), 846. The Seventh Circuit affirmed denial of a motion to suppress, finding that Covarrubias lacked standing because he did not have any expectation of privacy in the vehicle. He had no apparent ownership or possessory right, as either the shipper or receiver and no expectation of privacy after it was turned over to the hauler, which had a key and permission to drive the car on and off the trailer. View "United States v. Covarrubias" on Justia Law