464 Mass. 566 - Appellant Montoya Brief - Mass Cases

However, this radio transmission had occurred after
Trooper Saunders had already st d the defendant.
MTS1/45-49. Moreover, Trooper Sau rs did not
testi that he ard Trooper Porter say that the
defendant had just sold some coca to the occupant
the white pick-up. In s findings of fact, the
motion judge found only that Trooper Saunders had
received first radio transmission. He made no
finding concerning the second radio transmission. RA
Accordingly, the sum total of the combi
observations of both of these lice officers up to
the moment t the de ndant was st d, consisted
of the drivers of the brown Toyota and the pick-up
truck conversing with one another in a parking lot,
driver of the brown Toyota handing some unknown
obje to the dr of the ck-up truck, the brown
Toyota departing the scene and t the driver of the
6At the motion hearing, the judge found the testimony
of Trooper Saunders at first to be vague and confusing
as to when he rece d the two radio tran ssions
from Trooper Porter. However, the judge intervened and
was careful to pin down Trooper Saunders as to when he
received the rst radio transmission from Trooper
Porter and when received second. The second
radio transmission from Trooper Porter was received
after he already stopped the fendant. MTS1/48­
49.
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