Last month, the Supreme Judicial Court issued Commonwealth v. Matta, a case that makes it easier for police to stop individuals – especially those in high crime neighborhoods – without any reasonable suspicion.
On the evening of November 5, 2015, an anonymous caller contacted police on two occasions and stated that they had seen someone put a gun under the front seat of black car with two male and two female occupants. The caller claimed that the car was parked in the city of Holyoke in an area described as “known for violent crime, drug sales, and shootings.” An officer who was dispatched to the scene saw a parked green car with only two passengers. The officer pulled up behind the green car and parked, without lights or a siren. As the officer exited his vehicle, he observed the defendant, who had been seated in the passenger seat, exit the car and adjust his waistband with both hands. The defendant then began walking toward nearby bushes away from the sidewalk. The officer called out to him, “Hey, come here for a second.” The defendant then made eye contact with the officer and started to run, holding onto his waistband as he ran. At this point the officer yelled at the defendant to stop and then ran after him. As the defendant was running, the officer observed him throw a plastic bag over a fence and onto a sidewalk. Several officers apprehended the defendant as he tried to climb the fence, and once they arrested him, the officers saw six wax baggies at his feet and found small wax baggies on the other side of the fence, totaling 129 baggies that were later determined to contain heroin.