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U.S. v. McKINNON

No. 91-3944.

985 F.2d 525 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Steve McKINNON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 9, 1993.

Attorney(s) appearing for the Case

H. Jay Stevens, Federal Public Defender and James H. Burke, Jr., Asst. Federal Public Defender, Jacksonville, FL, for defendant-appellant.

Robert W. Genzman, U.S. Atty. and Ernst D. Mueller, Asst. U.S. Atty., Jacksonville, FL, for plaintiff-appellee.

Before HATCHETT, DUBINA and CARNES, Circuit Judges.

HATCHETT, Circuit Judge:

As a matter of first impression in this circuit, we hold that a person seated in a police car does not have a reasonable expectation of privacy under Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C. §§ 2510, et seq. nor the Fourth Amendment to the Constitution.

FACTS

On January 3, 1991, law enforcement officers stopped a pick-up truck in which Theodore Pressley was the driver, and the...

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