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463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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See <strong>Commonwealth</strong> v. Upton, 394 <strong>Mass</strong>. 363, 369-377<br />

(1985). "Where an unnamed informant's tip is relied on<br />

by the police as supplying probable cause to arrest and<br />

to search, art. 14 requires that the information<br />

satisfy the two-pronged standard set forth in Aguilar<br />

v. Texas, 378 U.S. 108 (1964), and Spinelli v. United<br />

States, 393 U.S. 410 (1969) ." <strong>Commonwealth</strong> v. Welch,<br />

4 2 o <strong>Mass</strong> . 6 4 6 , 6 50 . ( 19 9 5 ) . "As a rule, the<br />

<strong>Commonwealth</strong> must demonstrate some of the underlying<br />

circumstances from which [a] the informant gleaned his<br />

information [the "basis of knowledge" test] , and [b]<br />

the law enforcement officials could have concluded the<br />

informant was credible or reliable [the "veracity"<br />

test]." Id. Corroboration can compensate for any<br />

deficiencies in either or both prongs of the Aquilar­<br />

Spinelli standard. <strong>Commonwealth</strong> v. Cast, 407 <strong>Mass</strong>.<br />

891, 899 (1990). The motion judge's findings "are<br />

binding in the absence of clear error" and this Court<br />

will "view, with particular respect, the conclusions of<br />

law which are based on them." Welch, 420 <strong>Mass</strong>. at 651.<br />

The veracity test may be satisfied in a number of<br />

ways, including if: (1) the informant has previously<br />

provided information leading to arrests and subsequent<br />

convictions, <strong>Commonwealth</strong> v. Byfield, 413 <strong>Mass</strong>. 426,<br />

17

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