W.D.La.: Def transferred his car to get it out of impound while he remained in jail; he had no standing when he arranged an interstate drug run for a co-conspirator

Based on a monitored jail call, officers in Monroe, Louisiana determined that defendant had a co-conspirator drive a car to Dallas to pick up methamphetamine and come right back. They applied for a warrant to install a GPS, and the vehicle did just that. It arrived in Dallas about 2 am and was back in Monroe about 6 am. As the vehicle was returning, they obtained another warrant to search the car on arrival. A pound of meth was in the car. Defendant had no standing in the car because he’d transferred it to another to get it out of impound after he was first arrested when he was in jail making the call, and she and others drove it over 1,100 miles in the three weeks after he was jailed. Round trip to Dallas was 582 miles. United States v. Rogers, 2015 U.S. Dist. LEXIS 155322 (W.D.La. Oct. 30, 2015), adopted 2015 U.S. Dist. LEXIS 155318 (W.D.La. Nov. 16, 2015).

“The district court’s determination that Ojo voluntarily consented to a search of his car was not clearly erroneous given: (1) Ojo’s signature on a handwritten consent form for a search of his car, including its interior, trunk, and glove box; (2) testimony that Ojo also gave oral consent; and (3) further testimony that, after the search was completed, Ojo signed a standard FBI “consent to search” form confirming his prior consent.” United States v. Ojo, 2015 U.S. App. LEXIS 20029 (2d Cir. Nov. 19, 2015).*