464 Mass. 566 - Appellant Montoya Brief - Mass Cases

April 6, 2011, the defendant filed a timely notice of
appeal from the denial of the motion for a new trial.
RA 156. On April 14, 2011, the Appeals Court vacated
the stay of the appellate proceedings.
STATEMENT OF FACTS
I. THE MOTION TO SUPRESS
On August 8, 2006, at approximat y 1:00 p.m.,
State Troopers Porter and Saunders, both in plain
clothes, were in separate unmar d vehicles
performing a roving surveillance of the parking I
of the Stop & Shop Supermarket that was situated on
the Everett and Chelsea city line. MTS1/6-7. This
area was known to have a high incidence of narcotics
activity. MTS1/8.
While driving around in the parking lot, Trooper
Porter observed two motor vehicles, one a white
pick-up truck and the other a brown Toyota Corolla,
parked adjacent to another two to three feet apart,
but facing' in opposite directions. The driver's
side of each these vehicles were in close
proximity to each other, allowing the drivers the
respective vehicles to converse with one another.
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