Commonwealth v. Martin

Obviously false answers and nervous behavior by the defendant, Jamal Martin, during a brief street encounter with police led an officer to ask if he had any weapons. When the defendant failed to answer, the officer attempted to pat frisk him. The defendant pushed the officer’s hands away, but the officer continued with the frisk and discovered a loaded handgun. The defendant was convicted in a jury-waived trial of unlawful possession of a firearm in violation of G. L. c. 269, § 10(a); possession of a loaded firearm in violation of G. L. c. 269, § 10(n); and assault and battery on a police…