United States v. Hankins
United States Court of Appeals for the Sixth Circuit
195 Fed.Appx. 295 (2006)
After a search of Hankins's (defendant) property, pursuant to a warrant, uncovered marijuana plants, drug paraphernalia, and weapons, Hankins was arrested. Two days later, while trying to retrieve cash law enforcement had seized, Hankins contacted a longtime friend, James Chick, who — unbeknownst to Hankins — had become a confidential informant for the ATF to avoid his own drug charges. Hankins told Chick he wanted a task-force director dead and would pay to have him killed; at the ATF's direction, Chick wore a hidden transmitter back to Hankins's home and got him to repeat the threat, which was recorded without a warrant or Hankins's knowledge. Hankins moved to suppress the recordings, and after the district court denied the motion, he appealed.
Whether the surreptitious audio transmission of conversations between a defendant and a confidential informant, occurring inside the defendant's own home, is protected by the Fourth Amendment.