464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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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. 9
They also appeared to be hanging out of windows of their respe ive vehicles. MTS1/10. As he drove past, Trooper Porter lost sight of these vehicles, so he turned around and then ked his vehi e about fty feet away. Trooper Porter then informed Trooper Saunders by radio about his obse ions. Trooper Saunders, who was nearby, turned around and passing these two vehicle, he observed from about forty feet away the driver of the brown Toyota pass something to the driver of the pick-up truck. However, he did not observe anything being back in exchange. MTS1/43-44,65. Trooper Saunders radioed Trooper Porter and informed him about what he had just seen and then drove to back of the parking lot and eventually followed the brown Toyota onto Route 16. MTS1/45. Meanwhile, Trooper Porter got out of his motor vehicle and approached the white pick-up truck. The brown Toyota had departed by then. The iver's side window of pick-up truck was still open and through it, oper Porter observed the driver of the pick-up truck ating a substance in a spoon then smoking through a glass tube. MTSl 12-13. After identifying himself as a police officer, Trooper Porter asked the driver 10
Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS Appel
Page 3 and 4: Page No. II. THE DEFENDANT WAS DEPR
Page 6: Commonwealth v. Levy, 459 Mass. 101
Page 11 and 12: into the jury room but on this bag
Page 19: anot r radio transmission from Troo
Page 25: Corcoran was prob ly originally an
Page 31 and 32: indicates t t person would not be f
Page 34 and 35: the motion to suppress that Corcora
Page 37: variable that differentiates the in
Page 41 and 42: A. The Evidence Concerning The Weig
Page 47: harmless beyond a reasonable doubt
Page 52: focused on cribing street level dru
Page 55 and 56: prejudi al but also inadmiss e hear

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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