United States v. Cruz, No. 19-2127 (10th Cir. 2020)Annotate this Case
Defendant-Appellant Jose Jesus Cruz entered a conditional guilty plea to possession of heroin with intent to distribute and to possession of a firearm during a drug trafficking crime. Cruz appealed the district court’s denial of his motion to suppress evidence, arguing that evidence should have been excluded because it was the result of an unlawful search and seizure. The district court concluded that there was probable cause for Cruz’s warrantless arrest, and that two exigent circumstances justified the warrantless entry into his residence: (1) the destruction of evidence and (2) the hot pursuit of a suspect. Finding "abundant evidence" in the record to support probable cause for Cruz's arrest, the Tenth Circuit affirmed the district court's denial of his motion to suppress.