464 Mass. 566 - Appellant Montoya Brief - Mass Cases

indicates t t person would not be free to leave
without re to officer's inquiry is fun 1
to seizure). The second and most crucial s on
then is whether Trooper Saunders had probable cause to
arrest the fendant at the moment that he ef
the stop. Unfortunately, this issue is muddied by the
somewhat ue testimony of Troopers Porter
Saunders respectively concerning the radio
transmissions that Trooper Saunders received
Trooper Porter while he was following the de
and which accounts do not ent ly mesh.
Trooper Porter testified to sending just one
radio transmission at this t , i. e. that the
of the brown Toyota had just sold cocaine to
driver of white pick-up. Trooper Saunders on
other hand stified that the rst radio transmission
that he re ved from Trooper Porter indicated
Trooper Porter had found "product" but wit t
providing details. MTSI 45-48. Trooper S rs
testified that the second transmission that he
received from Trooper Porter indicated that he
(Trooper Porter) had observed the occupant of
white pick-up truck as smoking something. MTSl 45-48.
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