United States v. Abel Covarrubias
2017 U.S. App. LEXIS 1929
| 7th Cir. | 2017Background
- A New Mexico trooper stopped a car hauler; the trailer-car (a Saturn Vue) had no license plate and the bill of lading showed shipment from California to “Juan Pablo” in Indianapolis and authorized the hauler to drive the vehicle on and off the trailer.
- Officer inspected the Saturn, found air fresheners and the VIN did not match shipper/receiver records, became suspicious of drug trafficking, and—after the hauler (who had a key) consented—searched the locked car.
- The search revealed ~46 pounds of methamphetamine in a hidden compartment.
- The hauler participated in a controlled delivery to the Indianapolis address; Covarrubias arrived, paid the hauler, drove the car away, and was arrested shortly thereafter.
- Covarrubias admitted (post-arrest, after waiving Miranda) that he paid for pickup, identified himself as “Juan Pablo,” knew the car contained methamphetamine, and was to be paid $2,000 to deliver it.
- District court denied Covarrubias’s motion to suppress (holding he lacked standing/expectation of privacy and, alternatively, that the hauler had apparent authority to consent); Covarrubias was convicted and sentenced. Court of Appeals affirmed.
Issues
| Issue | Covarrubias' Argument | Government's Argument | Held |
|---|---|---|---|
| Standing to challenge search (reasonable expectation of privacy in shipped car) | He had subjective expectation (drugs hidden in console) and objective expectation because bill of lading limited hauler to moving car only on/off trailer | He lacked ownership, possession, or control; hauler had control/access and thus Covarrubias had no reasonable expectation of privacy | No standing: Covarrubias lacked both subjective and objective expectation of privacy; affirmed |
| Validity of hauler's consent / apparent authority to search | Bill of lading restrictions meant hauler lacked authority to consent | Hauler had keys and authorization to drive car on/off trailer; officer reasonably believed hauler had authority | Even if standing existed, officer reasonably relied on hauler’s apparent authority; search permissible |
| Admissibility of post-arrest statements (Miranda waiver/understanding English) | Waiver invalid because Miranda form was in English and he didn’t understand it | Multiple officers and evidence showed he understood/speaks English; he declined interpreter; texts in English | Statements admissible; evidence also supported lack of ownership/control |
Key Cases Cited
- Rakas v. Illinois, 439 U.S. 128 (defendant must show ownership or possession-based reasonable expectation of privacy to challenge search)
- United States v. Crowder, 588 F.3d 929 (7th Cir. 2009) (no reasonable expectation of privacy where vehicle was entrusted to shipper/hauler with keys and authority to drive it)