Commonwealth v. Costa

With the consent of a single justice of the Supreme Judicial Court, the Commonwealth brings this interlocutory appeal from a Superior Court judge’s allowance of a motion to suppress evidence. See Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996). At issue is whether police acted permis*641sibly in stopping the defendant to conduct a patfrisk, in response to a telephonic tip that a teenager at an outdoor basketball game had lifted his shirt, revealing a gun underneath. We reverse the order allowing the motion to suppress.

Summary of facts and proceedings. We summarize the facts found…