{"id":1868,"date":"2008-05-03T08:34:27","date_gmt":"2008-03-12T03:51:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-12T03:51:15","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1868","title":{"rendered":"CA: Plan for disclaiming ownership of car modified for drug trafficking from time it was bought showed no expectation of privacy"},"content":{"rendered":"

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<\/a>, 160 Cal. App. 4th 1231, 73 Cal. Rptr. 3d 375 (3d Dist. 2008):<\/p>\n

Although cases such as Hawkins<\/em> 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<\/em>, 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. As one of the leaders of the conspiracy, he sought to have others take the blame if the illegal acts were detected. Under these circumstances, we agree with the trial court that society does not recognize as legitimate any subjective expectation of privacy that Villasenor had. His expectation of privacy was illegitimate. (California v. Ciraolo<\/em>, supra, 476 U.S. at pp. 207, 211, 219-220.)<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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