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CA: Plan for disclaiming ownership of car modified for drug trafficking from time it was bought showed no expectation of privacy

By John Wesley Hall, Jr.

Defendant purchased a car for modification and use in drug transportation, but he was careful to have deniability as to ownership because nothing was to be in his name. The police during the investigation of the conspiracy got a warrant for installation of a GPS system in the car. The defendant's ownership interest in the car was not enough considering the lengths he went to to disassociate himself from the car in case it was seized by the police. People v. Tolliver, 2008 Cal. App. LEXIS 353 (3d Dist. March 11, 2008): Although cases such as Hawkins are analogous to this case, they are not precisely on point because Villasenor did not verbally disclaim the Concorde before it was searched. What he did, however, was more reprehensible. While in Hawkins, the defendant, acting on the spur of the moment, disclaimed ownership of a suitcase that he knew contained a controlled substance, Villasenor orchestrated an attempt to accomplish the same purpose by careful advanced planning and exploitation of others...continue to full post

Full post as published by Fourth Amendment on March 12, 2008 (boomark / email).