464 Mass. 566 - Appellant Montoya Brief - Mass Cases

the motion to suppress that Corcoran was a reliable
informant. Probable cause to arrest a suspect sed on
rmation provided by an informant must meet the
familiar two part test rived Spinelli v. United
States, 303 U.S. 410 (1969) and Aguilar v. Texas, 378
U.S. 108 (19640. See Commonwealth v. Upton, 394 Mass.
363, 369 (1985). The formant must have a basis of
knowledge for the information provided, Spinelli, 303
U.S. at p. 410, and the informant must also be
reliable, Aguilar, 378 U.S. at p. 108. The defendant
concedes that the basis of knowledge prong
satisfied in this case. See Commonwealth v. Montanez,
410 Mass. 290, 299-300 (1991). However, the veracity
prong has not been satisfi When the Commonwealth
relies on a statement inst an informant's penal
interest to prove that the in rmation is reliable,
the Commonwealth must show that the police knew the
informant's identity. Commonwealth v. Allen, 4a6
Mass. 575, 579 (1990), and the informant a
reasonable fear of prosecution. Commonwealth v.
Melendez, 407 Mass. 53, 57 (1990). In this case,
although the occupant of the pick-up truck was
identified as Corcoran, there was no evidence at the
hearing of the motion to suppress that Trooper Porter
27