Nature of the Case
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Facts
D complained to the police about harassing telephone calls. D had traced five calls to an Ali Mobarakeh, a dental student at the University of North Carolina. The police did not act, but D continued to report that he was receiving harassing calls. Eventually, a meeting was arranged between D, Ali Mobarakeh, Morbarakeh's brother, and Lieutenant Arthur Summey of the Chapel Hill Police Department. D identified Mobarakeh as the caller and told Lieutenant Summey he wanted to wait overnight before signing an arrest warrant. D then called Mobarakeh and indicated that he would not press charges if Mobarakeh would offer him money. Mobarakeh refused, and he recorded D's call on his answering machine. Mobarakeh took the recording to Lieutenant Summey. Summey instructed Mobarakeh to refuse any offers and to record any more calls. Mobarakeh recorded the next call and D was arrested for extortion. At trial, D testified that Mobarakeh had initially offered a cash settlement but that this portion of the conversation had not been recorded. D also testified that he had believed that he could settle the matter in the manner of a civil suit. D was found guilty of extortion. D was sentenced to six-years in jail. D appealed.
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