The 10th Circuit Court of Appeals released one opinion with Colorado ties on September 15. Read the summary or full opinion, below.
United States v. Jackson, No. 25-1147 (D.C. No. 1:23-CR-00398-REB-1) (D. Colo.) This appeal involves a pat-down search following the detention of Mr. Garryn Jackson. The pat-down led the police to find a gun, which resulted in Mr. Jackson’s conviction for unlawfully possessing a firearm and ammunition. See 18 U.S.C. § 922(g)(1). Mr. Jackson appeals, and the overarching issue is whether the police had a reasonable basis to suspect criminal activity. The district court answered yes, relying on Mr. Jackson’s furtive movements in an SUV parked in a high-crime area at roughly 1:50 a.m., with three to four individuals nearby.
We agree with the district court’s answer and the reliance on these circumstances. Given the totality of the circumstances, the officers had reasonable suspicion of criminal activity. So the police didn’t violate the Fourth Amendment when stopping the SUV. And Mr. Jackson rests his challenge on the stop itself rather than the subsequent pat-down. Because the stop was permissible, the district court didn’t err in denying the motion to suppress. Conviction affirmed. Read the opinion.