“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson

Introduction

United States v. Delmar Jackson, Case No. 24-3600 (6th Cir. June 17, 2025), although designated “not for publication,” supplies a meticulous blueprint for law-enforcement officers and trial courts confronting three recurring criminal-procedure problems:

How much Terry-level evidence is needed to stop a vehicle occupant observed at a commercial location near, but not inside, a high-crime area?
When does the discovery of a handgun on a vehicle’s floorboard move from “mere proximity” to “constructive possession” for a felon-in-possession charge?
What degree of spatial and functional connection establishes that a firearm was carried “during and in relation to” a drug-trafficking crime under 18 U.S.C. § 924(c)?

Defendant-appellant Delmar Jackson was surveilled at a northern Ohio gas station. Officers saw him drop a brown paper bag containing a plastic baggie, look around, and engage in a hand-to-hand exchange with Timothy Clayton, a man exhibiting classic signs of narcotics addiction. Upon intervention, officers found cocaine, fentanyl, marijuana products, cash, a digital scale, and a loaded semiautomatic pistol at Jackson’s feet. Jackson’s motions to suppress and for judgment of acquittal were denied, and he received a 120-month sentence on four counts. The Sixth Circuit affirmed.

Summary of the Judgment

The appellate panel (Judges Griffin, Larsen, and Mathis) unanimously upheld:

The denial of Jackson’s motion to suppress, holding that officers possessed reasonable suspicion to conduct a Terry stop based on the “totality of circumstances,” including Jackson’s bag-drop behavior, furtive glances, Clayton’s appearance and actions, and an apparent hand-to-hand transaction.
The denial of Jackson’s Rule 29 motion challenging the sufficiency of evidence for his § 922(g)(1) (felon-in-possession) and § 924(c)(1)(A) convictions. The court found ample evidence of constructive possession of the firearm and a sufficient nexus between the gun and Jackson’s drug trafficking.

Accordingly, the Sixth Circuit affirmed the district court’s judgment in all respects.

Analysis

Precedents Cited & Their Roles

Terry v. Ohio, 392 U.S. 1 (1968) – Foundation for temporary investigative stops; cited to frame reasonable-suspicion analysis.
United States v. Johnson, 620 F.3d 685 (6th Cir. 2010) – Recognized that presence in a high-crime area and late-night context contribute to reasonable suspicion.
United States v. Faught, 2022 WL 2813240 (6th Cir. July 19, 2022) – Hand-to-hand transaction as indicia of drug activity.
United States v. Flores, 571 F.3d 541 (6th Cir. 2009) – Officer’s specialized experience factors into reasonable-suspicion calculus.
Rehaif v. United States, 588 U.S. 225 (2019) – Knowledge-of-status requirement for § 922(g); referenced for elements but uncontested by Jackson.
United States v. Russell, 595 F.3d 633 (6th Cir. 2010) & Campbell, 549 F.3d 364 (6th Cir. 2008) – Parameters of constructive possession, warning that proximity alone is insufficient.
United States v. Layne, 192 F.3d 556 (6th Cir. 1999) – Seminal Sixth-Circuit test for “during and in relation to” under § 924(c).

Collectively, these cases gave the panel a well-charted doctrinal landscape. Jackson attempted to force gaps between precedents and facts (e.g., physical distance from high-crime area, conflicting officer perspectives, lack of forensic proof), but the court treated those gaps as immaterial under the deferential standards of review.

Legal Reasoning

Reasonable Suspicion
The panel applied a “holistic, common-sense” examination of circumstances: late hour, known crime hot-spot, suspect’s bag-drop/baggie juxtaposition, furtive glances, an addict-profiled purchaser, and a hand-to-hand exchange. Importantly, the court signaled that one mile’s remove from the epicenter of criminal activity does not vitiate the “high-crime area” factor when officers present credible testimony of contemporaneous vice problems. Divergent officer vantage points did not defeat probable cause because their accounts were “both plausible” and hence not clearly erroneous.
Constructive Possession under § 922(g)(1)
Plain-view location of the firearm by Jackson’s feet while he controlled the vehicle sufficed, buttressed by cocaine, fentanyl, cash, and a digital scale. The court relied on Parker (2024) to emphasize that drivers can scarcely claim ignorance of guns literally under their legs.
§ 924(c) Nexus
Proximity and ready accessibility met the “during and in relation to” test. The loaded, semiautomatic nature of the pistol and the presence of large cash amounts allowed jurors to infer a protective or facilitative purpose. The court tied firearms to “tools of the trade,” echoing Cleveland (2018) and Skinner (2005).
Standard of Review Fidelity
Jackson’s appellate strategy faltered largely on the uphill “clear-error” and “rational-juror” standards; the panel repeatedly invoked these doctrinal safety nets to reject alternative narratives.

Impact of the Judgment

While technically unpublished, the opinion’s practical influence is unmistakable:

Field Enforcement Guidance: Officers relying on subtle behavioral cues (e.g., baggie manipulation, “addict” appearance of the buyer) can be confident that, when combined with contextual factors, such cues furnish reasonable suspicion in the Sixth Circuit.
Geographic Elasticity of “High-Crime Area”: Jackson narrows defendants’ ability to spatially parse away the high-crime label; de facto spillover zones now matter.
Sufficiency Template for § 922(g)/§ 924(c): The panel double-endorses plain-view gun location + drug-deal evidence as adequate for both constructive possession and the § 924(c) nexus, aiding prosecutors and trial judges confronting similar fact patterns.
Preservation of Officer Credibility: Slight discrepancies among observing officers will not automatically negate reasonable suspicion or probable cause when each account, standing alone, is plausible.

Complex Concepts Simplified

Terry Stop: A brief detention based on “reasonable suspicion”—a low evidentiary bar requiring specific, articulable facts pointing to potential criminal activity.
Reasonable Suspicion vs. Probable Cause: RS is a 20–30 % certainty allowing a stop; PC is roughly 40–50 % certainty permitting arrest/search.
Constructive Possession: Control or dominion over an item without physical holding. Example: A driver with a gun under the seat he is occupying.
“During and In Relation To” (§ 924(c)): The firearm must help, or have the potential to help, the drug crime—such as protection of drugs or proceeds.
Plain-View Doctrine: Evidence officers lawfully see without intrusion can be seized; here, officers lawfully opened Jackson’s door and immediately saw the handgun.

Conclusion

United States v. Delmar Jackson packages three doctrinal lessons: (1) nuanced behavior at a commercial site can crystallize into reasonable suspicion, even outside the core precinct of a high-crime zone; (2) a firearm at a driver’s feet, alongside narcotics and cash, leaves little room to dispute constructive possession; and (3) that same evidence symbiotically satisfies the § 924(c) facilitation requirement. Though unpublished, the decision fortifies existing Sixth Circuit jurisprudence and offers a pragmatic, fact-rich roadmap for courts and law-enforcement officers navigating street-level narcotics interventions entwined with firearms. Its real-world significance will likely extend well beyond the official federal reporter.