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Appeals court hears challenge to stop and frisk in Commonwealth v. Mitchell
Summary
Attorneys argued whether officers had reasonable suspicion to stop Markel Mitchell after surveillance video, an Instagram feed, and a CJIS check; the panel heard dueling readings of case law on "dual suspicion," collective knowledge and whether possession of a firearm alone justifies a stop.
An appellate panel of the Massachusetts Appeals Court heard oral argument Tuesday in Commonwealth v. Mitchell over whether police had reasonable suspicion to stop and frisk Markel Mitchell and whether the motion judge erred in denying suppression of evidence. The parties asked the court to decide whether officers reasonably suspected both criminal activity and dangerousness before the stop and whether information from a CJIS check could be imputed to the arresting team.
Why it matters: the case tests how courts apply the state’s ‘‘dual suspicion’’ line of cases and the collective-knowledge doctrine when officers rely on social-media surveillance and team-based…
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