Legal Opinion · Dissent

Commonwealth v. McKoy

Massachusetts Appeals Court

Decided February 20, 2013No. 12-P-191Published

1DissentBerry, J.

Based on longstanding precedent concerning what is reasonable suspicion justifying a police stop and seizure, I believe it was constitutional error to deny this motion to suppress that is before our court on interlocutory review granted to the defendant. The facts described herein demonstrate that the seizure in this case was based virtually entirely on a “hunch” — to use the police officer’s words, the “odds were” that the defendant and his companion had a firearm in light of a radio bulletin of a nearby shooting. This, even though the bulletin, except for a house address, lacked any detail…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. J. L.Supreme Court of the United States · 2000
  3. United States v. Di ReSupreme Court of the United States · 1948
  4. Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
  5. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2004

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