Commonwealth v. Martin

I respectfully dissent, as there is, in my view, an unclear line between Commonwealth v. Barros, 435 Mass. 171 (2001), and Commonwealth v. DePeiza, 449 Mass. 367 (2007), and, in any event, the factual circumstances in the case before us exceed even the dictates of the DePeiza decision.

In the factual scenario here we have a young man walking down the street at 10:30 in the morning, who is nervous upon being questioned by the police. His inconsistent answers were not germane to any crime being investigated, nor were there any visible signs that he was carrying a weapon, such as an unusually…