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Commonwealth v. Wilson

805 N.E.2d 968 (2004)

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Commonwealth v. Wilson

Massachusetts Supreme Judicial Court

805 N.E.2d 968 (2004)

Facts

Massachusetts state trooper Francis Walls responded to a report of a beating or stabbing involving a group of 10 people. When Walls arrived on scene, he observed 10 men standing in a group. Walls had formerly made several arrests in the area. As Walls approached the group, Roosevelt Wilson (defendant) turned, began walking away, and reached for his waistband. Walls grabbed the back of Wilson’s shirt, put his hand on Wilson’s waistband, and felt dime bags of marijuana. Believing Wilson had been concealing a gun, Walls asked Wilson whether he had reached for his waistband because of the marijuana. Walls confiscated the marijuana and arrested Wilson. The state (plaintiff) charged Wilson. Wilson challenged the stop and frisk. Wilson was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Cowin, J.)

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