Legal Opinion

Commonwealth v. Gomes

Massachusetts Appeals Court

Decided November 20, 2009No. 08-P-1552PublishedCited by 4 opinions

1Opinion of the CourtFecteau, J.

The defendant appeals from convictions, after a jury trial in the District Court, of unlawful possession of a firearm and ammunition, G. L. c. 269, § 10(a), {h), respectively. *792He contends that the judge erroneously denied his motion to suppress because the police did not have reasonable suspicion that he was engaged in criminal conduct or that he was an imminent threat to public safety in order to justify their stop and frisk of him. Therefore, he argues that the evidence seized and the statements he made should have been suppressed. We reverse.

Background. The motion judge found the following…

2Cases cited21 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. J. L.Supreme Court of the United States · 2000
  3. Commonwealth v. StouteMassachusetts Supreme Judicial Court · 1996
  4. Commonwealth v. AntobenedettoMassachusetts Supreme Judicial Court · 1974
  5. Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1996

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3Cited by4 opinions

  1. Commonwealth v. MubdiMassachusetts Supreme Judicial Court · 2010
  2. Commonwealth v. PerezMassachusetts Appeals Court · 2011
  3. Commonwealth v. GomesMassachusetts Supreme Judicial Court · 2010
  4. Commonwealth v. DepieroMassachusetts Appeals Court · 2015

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