Commonwealth v. Moss

Massachusetts Appeals Court

Commonwealth v. Moss

323 N.E.2d 748, 3 Mass. App. Ct. 711, 1975 Mass. App. LEXIS 719

Massachusetts Appeals Court·Decided February 25, 1975·Published

Opinion

There was no error in the denial of the defendant’s motion to suppress the evidence of the revolver which was found in his pocket during a pat-down and which led to his conviction of unlawfully carrying the same on his person. The judge who heard the motion was justified in concluding, on the basis of the surrounding circumstances as disclosed in the evidence, that the pat-down was permissible. Terry v. Ohio, 392 U. S. 1, 27-31 (1968). Adams v. Williams, 407 U. S. 143,146-149 (1972). Commonwealth v. Ballou, 350 Mass. 751, 755-756 (1966), cert. den. 385 U. S. 1031 (1967). Commonwealth v. Hawkes, 362 Mass. 786, 788-789 (1973). Commonwealth v. Anderson, 366 Mass. 394, 398-401 (1974).

Judgment affirmed.

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There was no error in the denial of the defendant’s motion to suppress the evidence of the revolver which was found in his pocket during a pat-down and which led to his conviction of unlawfully carrying the same on his person. The judge who heard the motion was justified in concluding, on the basis of the surrounding circumstances as disclosed in the evidence, that the pat-down was permissible. Terry v. Ohio, 392 U. S. 1, 27-31 (1968). Adams v. Williams, 407 U. S. 143,146-149 (1972). Commonwealth v. Ballou, 350 Mass. 751, 755-756 (1966), cert. den. 385 U. S. 1031 (1967). Commonwealth v. Hawkes, 362 Mass. 786, 788-789 (1973). Commonwealth v. Anderson, 366 Mass. 394, 398-401 (1974).

Judgment affirmed.

Commonwealth v. Moss, 323 N.E.2d 748, 3 Mass. App. Ct. 711, 1975 Mass. App. LEXIS 719 (Mass. Ct. App. 1975).

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Opinion

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