Comm. v. Narcisse, 457 Mass. 1

[AHM]

Just tripped over this 2010 SJC decision about consensual police encounters and Terry frisks:
(I tripped over it while looking for Mass case law about
police conducting inventory searches of vehicles merely getting towed for safety purposes -
not because they are involved in a crime).

NARCISSE, COMMONWEALTH vs., 457 Mass. 1

masscases.com

My summary:
In Massachusetts, police cannot escalate a consensual encounter of someone
(a "field interrogation observation") into a Terry frisk for weapons
unless:

1. They have Reasonable Articulable Suspicion that crime is afoot(*), and
   • (*) That the individual has committed, is committing, or is about to commit a criminal offense.
2. They reasonably suspect that the person is armed, and
3. They reasonably suspect that the person is presently dangerous.

If they're chatting someone up because of a generic hunch,
and they suddenly smell a rat and suspect that the subject is primed to use a weapon,
they're not required to go through some sequential process before the frisk.

But neither can they frisk someone they're chatting up because of a mere generic hunch.


The defendant name "Narcisse" sounds familiar to me,
so maybe some other Mass case law cites it.

But I can't find any uses of the name on NES,
so I'm just putting this in here for general information.

 

[Fixxah]

There is always a loophole to do as they please. Just need a few magic words to get the ball rolling.

 

[AHM]

There is always a loophole to do as they please. Just need a few magic words to get the ball rolling.

Learn enough to magic word them right back.

 

[APFSDS]

Check out the Boston PD blog at bpdnews.com - The Boston Police Department's Virtual Community . It's amazing how many time a firearm was "in plain sight" or someone was "fidgeting with something in their waistband" which provided probable cause.

 

[fishgutzy]

Check out the Boston PD blog at bpdnews.com - The Boston Police Department's Virtual Community . It's amazing how many time a firearm was "in plain sight" or someone was "fidgeting with something in their waistband" which provided probable cause.

There is nothing one can do that can't be turned into probable cause by a cop.
Cops beat the crap out a young man with down syndrome and a colostomy bag claiming they saw a gun.
If you are from the south and up in Boston, wearing a coat when the locals are all wearing t-shirts? That is PC for getting decked.

 

[whacko]

There is always a loophole to do as they please. Just need a few magic words to get the ball rolling.

It's not even a loophole. It's "he said she said".....if people don't think there is a percentage of officers out there that will lie to cover their ass after a questionable stop or search people need to wake the hell up.

Ps.....not saying all cops are bad.....you have to consider the small percentage that are.