Legal Opinion · Dissent

Commonwealth v. Gonzalez

Massachusetts Appeals Court

Decided March 12, 2018No. AC 16-P-1035Published

1Dissent

RUBIN, J. (dissenting).

I dissent from the court's holding that the police had reasonable suspicion to stop the defendant. Since all evidence discovered was the fruit of an unconstitutional stop, the motion to suppress should have been allowed.

In this case, a confidential informant described a Dominican male who drove a white Buick Rendezvous CXL sport utility vehicle of which the confidential informant recited the license plate number. The confidential informant indicated that on Friday nights the man could be found at the *726Gaelic Club. He said that the *14man used it as a base of operation,…

2Cases cited7 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. Commonwealth v. LyonsMassachusetts Supreme Judicial Court · 1990
  4. Commonwealth v. Perez-BaezMassachusetts Supreme Judicial Court · 1991
  5. Commonwealth v. DesperMassachusetts Supreme Judicial Court · 1994

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