IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40650
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KARL LEVIRT CARTER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas, Beaumont
(1:95-CR-156-1)
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June 5, 1997
Before KING, DAVIS, and DeMOSS, Circuit Judges.
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
*
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this opinion should not be published and is not precedent except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.
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.
2