D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport

The car that was searched was being hauled by a car carrier. By turning over a car to a car hauler, the car hauler has complete possession and actual and apparent authority to consent to a search, and the person turning over the car has waived his reasonable expectation of privacy. United States v. Alatorre, 2019 U.S. Dist. LEXIS 159858 (D. Minn. July 22, 2019), adopted, 2019 U.S. Dist. LEXIS 161314 (D. Minn. Sept. 18, 2019).

2255 petitioner can’t show that this counsel didn’t competently litigate his suppression issue. The search was based on consent, and defendant pled guilty which is a waiver of his Fourth Amendment claims. He can’t show that a motion to suppress had any chance of success. United States v. Mackey, 2019 U.S. Dist. LEXIS 159925 (N.D. Fla. Aug. 19, 2019),* adopted, 2019 U.S. Dist. LEXIS 158933 (N.D. Fla. Sept. 17, 2019).*

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