Commonwealth v. Nestor N.

Again, we see a situation that comes dangerously close to impermissible conduct on the part of the police. See and compare Commonwealth v. DePeiza, 66 Mass. App. Ct. 398, further appellate review granted, 447 Mass. 1105 (2006). However, I am constrained to concur based on the reasoning of Commonwealth v. Pagan, 63 Mass. App. Ct. 780, 781-783 (2005). Of course, an officer can respond to a hand movement toward a waistband, but I am still amazed how a peculiar gait automatically triggers a stop and an inquiry. 1

It is equally curious and worthy of particular note that here the defendant had a…