United States v. Arturo Castellanos
716 F.3d 828 (2013)
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Rule of Law:
To have standing to challenge a search under the Fourth Amendment, a defendant bears the burden of proving by a preponderance of the evidence that they had a legitimate expectation of privacy in the property searched, which requires showing an ownership or possessory interest.
Facts:
- Captain Kevin Roberts, a sheriff's deputy in Texas, observed a Ford Explorer being transported on a commercial car carrier at a truck stop.
- The shipping documents listed the owner as Wilmer Castenada, with an origin in California and a destination in North Carolina.
- Roberts discovered that the phone number and addresses provided for Castenada on the shipping documents were not valid.
- The driver of the car carrier consented to a search of the Explorer.
- During the search, Roberts noticed the strong smell of Bondo, fresh tool marks on the rear seats, and used a fiber optic scope to discover 23 kilograms of cocaine inside the gas tank.
- After the seizure, Arturo Castellanos arrived in Texas to claim the vehicle, possessing the Explorer's title and the shipping tracking number.
- When questioned, Castellanos stated he was in the process of purchasing the Explorer from Castenada, whom he described as a separate person living in North Carolina.
Procedural Posture:
- Arturo Castellanos was indicted in the U.S. District Court for the Middle District of North Carolina for conspiracy to distribute cocaine.
- Castellanos filed a motion to suppress the cocaine, arguing the warrantless search of the Ford Explorer violated the Fourth Amendment.
- The district court held a suppression hearing and denied the motion, concluding Castellanos lacked a legitimate expectation of privacy in the vehicle.
- Pursuant to a plea agreement, Castellanos entered a conditional guilty plea, reserving his right to appeal the court's denial of his suppression motion.
- The district court sentenced Castellanos to 120 months' imprisonment.
- Castellanos filed a timely appeal of the suppression ruling to the U.S. Court of Appeals for the Fourth Circuit.
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Issue:
Does a defendant have a legitimate expectation of privacy in a vehicle being transported by a common carrier sufficient to challenge a warrantless search when he fails to present evidence of ownership, a lawful possessory interest, or that the name on the shipping documents is his alias?
Opinions:
Majority - Judge Agee
No. A defendant does not have a legitimate expectation of privacy where he fails to carry his burden of proving an ownership or possessory interest in the property searched. The Fourth Amendment protects against infringements on an individual's reasonable expectation of privacy, and the burden to demonstrate such an interest rests with the defendant. Castellanos failed to meet this burden; he did not introduce the vehicle's title, a bill of sale, or any other evidence to establish ownership or a lawful possessory interest at the time of the search. His own statements to police, claiming he was in the process of purchasing the vehicle from Castenada, undermined any claim of current ownership. Furthermore, he failed to present any evidence that 'Wilmer Castenada' was his alias, instead portraying Castenada as a distinct third party. Without such evidence, Castellanos's connection to the Explorer was too attenuated to support a legitimate expectation of privacy, and he therefore lacks standing to challenge the search.
Dissenting - Judge Davis
Yes. A defendant has a legitimate expectation of privacy when the totality of the evidence in the record, including that presented by the government, establishes that he had a possessory interest in and the right to exercise dominion and control over the vehicle. The majority and the district court improperly focused on the searching officer's subjective knowledge at the moment of the search, rather than the objective reality known at the suppression hearing. The complete record, including the government's own filings, made it clear that 'Wilmer Castenada' was Castellanos's alias and that he was the intended recipient of the vehicle. Castellanos's arrival with the title and tracking information, coupled with his inquiries at the correct delivery location, established his possessory interest. Using a common carrier or an alias does not, as a matter of law, extinguish an individual's Fourth Amendment privacy rights.
Analysis:
This case strongly affirms the procedural requirement that a defendant must affirmatively prove standing to challenge a Fourth Amendment search by establishing a personal, legitimate expectation of privacy. The majority's holding emphasizes that a defendant cannot rely on assumptions or even the government's evidence connecting him to a crime to establish his connection to the place searched for standing purposes. This creates a potential dilemma for defendants, who must claim a possessory interest in property containing contraband to challenge its search. The dissent's focus on the objective reality known at the time of the suppression hearing, rather than just the evidence presented by the defendant, offers an alternative framework that could influence future cases.
