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Appeals court hears challenge to evidence from traffic stop in Commonwealth v. Mitchell
Summary
Catherine Essington, arguing for appellant Marcus Mitchell, told the Massachusetts Appeals Court on Feb. 4 that officers lacked reasonable suspicion to detain Mitchell during a parking-lot encounter and that the trial judge wrongly denied a renewed motion to suppress and a Long racial-profiling claim.
Catherine Essington, arguing for appellant Marcus Mitchell, told the Massachusetts Appeals Court on Feb. 4 that the trial judge erred in denying a renewed motion to suppress and in finding there was reasonable suspicion to detain Mitchell during a parking-lot encounter. She said the Commonwealth failed to identify a specific crime that would have justified the officers’ seizure and that many of the officers’ observations — scanning a parking lot, presence of two cell phones, or nervousness — are ordinary behavior and not grounds for detention.
“Article 14 . . . provides more protection in terms of defining the…
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