Massachusetts Appeals Court· 2/25/2002

Commonwealth v. Fisher

Citations

54 Mass. App. Ct. 41
763 N.E.2d 1106
2002 Mass. App. LEXIS 256

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

upholding search where defendant made “quick movement” “to” or “into” “his waist area” which was “particularly suggestive of a reach for a gun”
“the defendant’s motion to his waist, notwithstanding its inherent ambiguity, tipped the scales in favor of reasonable belief when aggregated with the other nondispositive but relevant factors”
street encounter at late hour, area of firearms violations, suspect’s walking evasion of observation by police, and his reaching to or into his waist area
“the defendant’s motion to his waist, notwithstanding its inherent ambiguity, tipped the scales in favor of reasonable belief when aggregated with the other nondispositive but relevant factors”
uniformed officer patrolling high crime area late at night was justified in pat frisk ing defendant for his safety and safety of others given defendant’s evasiveness and quick motion to his waist
as defendant attempted to evade police observation in a high crime area where firearms offenses were common, he made a quick movement that police perceived as the imminent use of a concealed weapon

Source: CourtListener parenthetical corpus (CC0).

Judges: Cohen

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Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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