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Panel weighs officers’ exit order and car frisk after ShotSpotter alert
Summary
The Appeals Court heard paired appeals arising from a stop near a ShotSpotter activation. The Commonwealth argued proximity, a furtive gesture and known gang affiliations justified an exit order and limited car frisk; defense counsel argued the trial judge correctly found the totality of circumstances did not support the order.
The Massachusetts Appeals Court heard argument in two paired appeals (2024-0214 and 2024-0211) challenging a police exit order and subsequent frisk and search of a vehicle stopped minutes after a ShotSpotter activation.
Assistant District Attorney Ian MacLean (arguing for the Commonwealth) told the panel officers were justified by the totality of the circumstances: a ShotSpotter alert within minutes and a few blocks, a driver making a furtive bending motion as officers approached, tinted windows, a CJIS check, and…
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