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Appeals court weighs whether officer observations supported pat frisk and motion-to-suppress denial
Summary
Defense argued video and inconsistent officer testimony undercut the trial judge's findings on a pat frisk; the Commonwealth said credibility and multiple factors (bulge, waistband movement, coat, ankle bracelet) supported reasonable suspicion.
BOSTON — In Commonwealth v. German, argued Jan. 14, defense counsel challenged the trial court's findings that justified a pat frisk, saying the video and officer testimony were inconsistent and that the magistrate's factual findings were clearly erroneous.
Mitchell Kosh, representing the defendant, urged the appeals panel to scrutinize officers' testimony about a visible bulge and a concealment gesture. Kosh argued…
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