Commonwealth v. Depiero

Following a jury-waived trial, the defendant was convicted of operating a motor vehicle while under the influence of alcohol (second offense). On appeal, he principally contends that the motion judge erred in denying his motion to suppress evidence obtained during what he claims was an unlawful investí gatory stop of his automobile. The stop was prompted by an anonymous telephone call concerning a “drunk” driver. We conclude that the motion to suppress was properly denied and we affirm the judgment.

Facts. At approximately 2:00 a.m. on August 11, 2011, an unidentified man made a 911 telephone…