Nature of the Case
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Facts
A confidential informant told police that D was growing marijuana on his property. Detective Kevin Bibb investigated the tip and discovered marijuana growing in a wooded area on a remote part of D's property. A trail made by a four-wheel all-terrain vehicle led from the marijuana plants to D's home. Detective Bibb obtained a warrant to search D's home and surrounding property. The search warrant was executed, and D was arrested after Detective Bibb discovered a bag of marijuana and 1.5 papers used to form a marijuana joint in his kitchen cabinet. A subsequent search disclosed two plots of marijuana growing directly behind the home. Plastic cups, Miracle-Gro, twine, and a spray bottle were discovered and seized next to the marijuana plots. Officers also seized weighing scales, plastic ziplock bags, a shotgun, a rifle, a revolver, ammunition, and D's truck. In total, 212 marijuana plants were seized worth approximately $400,000. D went to retrieve some items from his truck. Detective Bibb accompanied D and D withdrew $2000 in cash hidden behind the backseat. Detective Bibb took the money and instructed D to speak with Director Jim Devasher about getting it back. D claimed that the cash was the proceeds from the sale of some farm equipment. Upon further questioning, D could not remember the buyer's name. Director Devasher refused to return the money to D. D then contacted James Chick. Chick and D had been friends for over twenty years, and D frequently ate at Chick's restaurant. Chick had been caught selling cocaine, and rather than serve jail time, agreed to work as an informant. D did not know this. D said that 'he had $20,000 to give to someone' if they were willing to come to Kentucky and kill Director Devasher. Chick 'really didn't take him seriously' but when D appeared to be 'very serious,' Chick contacted Agent Hayes. Chick was outfitted with a concealed microphone transmitter and wore the transmitter when he was a guest in D's home on three separate occasions. D's conversations were secretly transmitted to Agent Hayes and recorded by him. D threatened to kill and cripple Director Devasher. D also threatened to kill and cripple Sheriff Wallace Whittaker. D said that he could not believe that Sheriff Whittaker did not inform him before the raid especially since D had given Sheriff Whittaker 'five hundred dollars' for 'his electioneering' and also had given him 'tomatoes, oranges, grapefruits . . . all kinds of fish . . . jerky at least a half a dozen times' without ever charging him. D discussed hiring a murderer from Detroit to shoot Director Devasher and Sheriff Whittaker. Chick asked D if he was serious, and D replied 'don't you think for fuck . . . one fucking minute that I'm saying a God damned word that I don't mean. . . . Because I mean it all.' Before the trial, the District Court denied D's motion to suppress the recordings and his motion for judgment of acquittal. D renewed those motions at trial. The District Court again denied them. D was subsequently convicted and sentenced to 322 months imprisonment. D appealed.
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