United States v. Carter

Jun 11, 1997

96-40650

Versions:117 F.3d 1418

1997 WL 336290

PER CURIAM:^*

Appellant Karl Levirt Carter argues that the district court erred in allowing the jurors to take into the jury room during deliberations a transcript of a tape recording of a conversation between Carter and his co-defendant, Albert Lynn Stratton, that took place in the back seat of a police car when the tape had not been played before the jury in open court. We review the district court‘s action in this respect for plain error in view of the fact that Carter‘s counsel did not object to the jury‘s request for the transcript. The district court‘s decision to send the transcript into the jury room does not amount to plain error. Carter also challenges the district court‘s denial of his motion to suppress the tape recording of the conversation between Carter and Stratton. We agree with the other circuits that have considered the issue that a person in the back seat of a police vehicle has no reasonable expectation of privacy. See United States v. McKinnon, 985 F.2d 525 (11th Cir.), cert. denied, 510 U.S. 843 (1993), and United States v. Clark, 22 F.3d 799 (8th Cir. 1994).

Carter‘s conviction and sentence are AFFIRMED.

Notes

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.