United States v. Hankins

Facts

After receiving a tip from a confidential informant that Hankins (Defendant) was growing marijuana on his property, Detective Kevin Bibb of the South Central Kentucky Drug Task Force went to Defendant property and discovered marijuana growing in a wooded area. Bibb then obtained a warrant to search Defendant’s home and surrounding property. As a result of the search, a bag of marijuana and papers were found in his kitchen cabinet; plots of marijuana were found growing directly behind his home and garage; and plastic cups, Miracle-Gro, twine, weighing scales, a shotgun, revolver, ammunition, and Defendant’s truck were all seized. In total 212 marijuana plant were seized worth about $400,000. Defendant was arrested. Two days later, Defendant went to the Task Force office to retrieve money from his truck. Detective Bibb accompanied Defendant when he withdrew $2,000 in cash hidden behind the backseat. However, Jim Devasher, director of the Task Force refused to let Defendant keep the money. Defendant then contacted a longtime friend, James Chick. Unbeknownst to Defendant, Chick had been caught selling cocaine and rather than serve jail time, agreed to work as an informant for Special Agent David Hayes of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Defendant told Chick that he wanted Devasher dead and would pay somebody to kill him. Chick contacted Hayes. Hayes instructed Chick to get Defendant to make the death threat again while Chick wore a transmitter. Thereafter, Defendant threatened to kill Devasher while speaking to Chick in Defendant’s home. Defendant moved to suppress the audio tapes of the threats. The district court denied Defendant’s motion. Defendant was convicted and he appealed.