The U.S. Court of Appeals for the 10th Circuit ordered on Thursday that the evidence seized from a drug transaction in downtown Denver was legally obtained and was therefore admissible at trial.

In March 2018, Denver police arrested Garryn Jackson in a narcotics operation. Detective Timothy Goss first observed Jackson in the vicinity of 22nd and Lawrence streets because Jackson “stood out among various transients in the area” for his clean appearance, according to the court. A confidential informant for the police approached a third man, and the two of them subsequently huddled with Jackson. After the informant walked away, Goss witnessed the man hand something to Jackson.

Goss had been relaying his observations to other officers over radio, and received word that the informant had purchased crack cocaine from the man. Subsequently, officers approached Jackson and attempted to arrest him. Jackson began running, only to be tackled. Although he managed to escape briefly, two officers heard a clunking, metallic sound during the tackle, which they understood meant there was a gun on Jackson.

Once located, Jackson had drugs and $521 on his person, including bills that the confidential informant had given him earlier. His gun was found in the street.

At trial, Jackson attempted to suppress all of the physical evidence, arguing that police had no probable cause to search him. He said that Goss did not see a drug exchange, and was operating on “guesswork.” The federal district court ruled against him.

The circuit judges upheld the admission of evidence, and found that Jackson “abandoned” his firearm by causing it to fall into the street and then continuing to run. Writing for the three-member appeals panel, Judge Paul J. Kelly, Jr. explained that officers must have more than “mere suspicion” to arrest someone without a warrant. Police must have probable cause that a person is involved in criminal activity. 

“Nothing suggests the district court’s factual findings are clearly erroneous, and they support its probable cause determination,” wrote Kelly. He added that this was not an occurrence of the “fruit of the poisonous tree,” where illegally-obtained evidence cannot be used against a defendant.

The circuit judges upheld the admission of evidence, and found that Jackson “abandoned” his firearm by causing it to fall into the street and then continuing to run.