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Appeals court hears challenge to juvenile stop and search after cemetery shots
Summary
A three-justice panel heard arguments over whether police had reasonable suspicion to stop a juvenile after reported shots near a cemetery and whether officers exceeded a permissible pat frisk by reaching into the juvenile’s pocket, with defense counsel urging suppression and the Commonwealth arguing flight and hiding under a car justified officer safety measures.
A three-justice panel of the Appeals Court heard competing arguments on whether police improperly stopped and searched a juvenile after reported gunfire near a cemetery. Defense counsel Dennis Toomey argued the officers chased and seized the juvenile, "handcuffed him at gunpoint," and that Detective Mojica "skipped an external pat frisk" and reached directly into the juvenile’s pocket, a search Toomey said the court should suppress.
Justice Rubin and colleagues pressed both…
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