Commonwealth v. Anderson, 318 N.E.2d 834 (Mass. 1974). · Go Syfert
Commonwealth v. Anderson, 318 N.E.2d 834 (Mass. 1974). Cases Citing This Book View Copy Cite
108 citation events (7 in the last 25 years) across 11 distinct courts.
Strongest positive: Commonwealth v. Warren (massappct, 2015-06-10)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (rule) Commonwealth v. Warren (2×)
Mass. App. Ct. · 2015 · confidence medium
See Commonwealth v. Lawton, 348 Mass. 129, 133 (1964); 11 Commonwealth v. Ballou, 350 Mass. 751, 755 (1966); 12 Commonwealth v. Dottin, 353 Mass. 439, 441-442 (1968); 13 Commonwealth v. Wilson, 52 Mass. App. Ct. 411, 413-414 (2001). 14 Likewise, in Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974), a threshold inquiry was justified as a result of an anonymous report of a man on a bus who was armed and in possession of narcotics because the tip was highly specific and the police were able to corroborate much of it before they acted. 15 C.
discussed Cited as authority (rule) Commonwealth v. Costa
Mass. App. Ct. · 2006 · confidence medium
Moreover, unlike in Florida v. J.L., here police response to the call was immediate. 5 The fact that in the instant case a record was made of the call is also significant in that it “eliminat[es] the possibility of a police fabrication which is a principal concern in assessing the propriety of a threshold inquiry launched by an anonymous tip.” Commonwealth v. Lyons, 409 Mass. 16, 20 (1990), quoting from Commonwealth v. Anderson, 366 Mass. 394, 399 (1974).
cited Cited as authority (rule) Commonwealth v. Carrion
Mass. Super. Ct. · 2004 · confidence medium
See also Commonwealth v. Bakoian, 412 Mass. 295, 301-02 (1992); Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974).
cited Cited as authority (rule) Commonwealth v. Redd
Mass. App. Ct. · 2000 · signal: cf. · confidence medium
Cf. Commonwealth v. Anderson, 366 Mass. 394, 398-399 (1974).
examined Cited as authority (rule) Commonwealth v. Grinkley (3×) also: Cited "see"
Mass. App. Ct. · 1997 · confidence medium
Contrast also Commonwealth v. Cavanaugh, 366 Mass. 277, 280, 281 (1974) (upon seeing police, defendant driving the wrong way down a one-way street accelerated his vehicle, leading to a high-speed chase through city streets); Commonwealth v. Anderson, 366 Mass. at 395-396, 400 (suspect looked back over his shoulder at following uniformed police officers as he walked briskly away, then made a gesture as if attempting to get rid of a bag he was holding); Commonwealth v. Fraser, 410 Mass. 541, 542, 545 (1991) (as police approached a group of young men pursuant to a tip about a man carrying a gun i…
discussed Cited as authority (rule) Commonwealth v. Va Meng Joe
Mass. · 1997 · confidence medium
See Commonwealth v. Bakoian, 412 Mass. 295, 301-302 (1992) (detailed, corroborated tip stating “the exact identities of the persons occupying the vehicle, their exact destination, and the approximate time frame within which they would arrive at the destination location” helped establish informant’s reliability); Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974) (tip itself had indicia of reliability where inference could be drawn that it was based on informant’s personal observations and accurately predicted defendant’s movements).
discussed Cited as authority (rule) Commonwealth v. Kennedy
Mass. App. Ct. · 1997 · confidence medium
Contrast Commonwealth v. Anderson, 366 Mass. 394, 400 (1974) (suspect walked briskly away from police, looking back over his shoulder several times at officer); Commonwealth v. Silva, 366 Mass. at 407 (suspect made gesture as if to conceal something in his automobile); Commonwealth v. Moses, 408 Mass. 136, 140 (1990) (suspect avoided eye contact with police and ducked beneath dashboard); Commonwealth v. Alvarado, 420 Mass. at 549 (suspect attempted to conceal objects); Commonwealth v. Modica, 24 Mass. App. Ct. 334, 338 (1987) (suspect glanced around several times as if to see whether anyone wa…
discussed Cited as authority (rule) Commonwealth v. Alvarado (2×)
Mass. · 1996 · confidence medium
This view is also supported by the holding in Commonwealth v. Fraser, 410 Mass. 541, 542, 546 (1991), that “a radio call about ‘a man with a gun inside a brown Toyota at 35 High Street in Dorchester,’ which is located in a ‘high crime area’ ” did not alone give the police “the reasonable suspicion required to conduct a protective frisk.” In Commonwealth v. Anderson, 366 Mass. 394, 395 (1974), an anonymous informant gave information that the defendant was carrying narcotics and was armed and dangerous.
discussed Cited as authority (rule) Commonwealth v. Rodriguez
Mass. Super. Ct. · 1995 · confidence medium
Alabama v. White, 496 U.S. 325 , 110 S.Ct. 2412, 2415 (1990) (threshold inquiry based on anonymous tip and corroboration was justified); Commonwealth v. Anderson, 366 Mass. 394, 399 (1974) (anonymous informant’s written message handed to police officer justified stopping defendant because the indicia of reliability need not meet the two-pronged Aguilar-Spinelli test which establishes probable cause to arrest).
discussed Cited as authority (rule) Commonwealth v. Willis (2×)
Mass. · 1993 · confidence medium
Although each case depends on its facts, this case is more like Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974), in which an anonymous tip about a bus passenger was sufficiently corroborated to justify a threshold inquiry, than it is like Commonwealth v. Lyons, supra at 20-21 , in which a tip, lacking the basis both of an informant’s knowledge and of his reliability and not corroborated by significant specific facts concerning the suspect, did not justify a threshold inquiry.
cited Cited as authority (rule) Commonwealth v. Brown
Mass. App. Ct. · 1991 · confidence medium
Contrast Commonwealth v. Anderson, 366 Mass. 394, 400 (1974) (a “stop and frisk” case). 4 The evidence seized pursuant to the search was essential to the defendant’s conviction.
discussed Cited as authority (rule) Commonwealth v. Hurd
Mass. App. Ct. · 1990 · confidence medium
In Commonwealth v. McCauley, 11 Mass. App. Ct. 780, 781-783 (1981), police were informed by an anonymous party that a man, described in considerable detail and wearing a red, white and blue sweater, was in a certain cafe “carrying a firearm which he had dropped on the floor more than once.” This court approved a Terry type 1 inquiry and, at 783, quoted from People v. Taggart, 20 N.Y.2d 335, 337-340 (1967), modified, 21 N.Y.2d 729 , appeal dismissed, 392 U.S. 667 (1968): “There are exigencies affecting life [and] limb, or grave property damage in which the police receive information of cr…
cited Cited as authority (rule) Commonwealth v. Ciaramitaro
Mass. App. Ct. · 1988 · confidence medium
Commonwealth v. Anderson, 366 Mass. 394, 397-398 (1974).
discussed Cited as authority (rule) Commonwealth v. Spagnolo
Mass. App. Ct. · 1984 · confidence medium
The exigencies of the circumstances would seem to justify the officers’ reliance on the shout that “they got guns.” For cases dealing with the adequacy of uncorroborated anonymous tips, see, e.g., Commonwealth v. Anderson, 366 Mass. 394, 397-400 (1974).
cited Cited as authority (rule) Commonwealth v. Cosme
Mass. App. Ct. · 1983 · confidence medium
Commonwealth v. Anderson, 366 Mass. 394, 397-399 (1974).
discussed Cited as authority (rule) Commonwealth v. Moreira
Mass. App. Ct. · 1982 · confidence medium
If believed, the evidence presented by the Commonwealth was sufficient to warrant the jury in finding that the police had reason to stop the defendant and his companions and inquire regarding their possession of a handgun on a public street late at night, see Terry v. Ohio, 392 U.S. 1 (1968); Commonwealth v. Anderson, 366 Mass. 394, 397-400 (1974); Commonwealth v. McCauley, 9 Mass. App. Ct. 780, 781-783 (1981); Commonwealth v. Crowley, 13 Mass. App. Ct. 915 (1982), and that the stop would have taken place outside of the defendant’s home had the defendant not pushed Officer Munroe through the…
discussed Cited as authority (rule) Commonwealth v. Crowley (2×) also: Cited "see"
Mass. App. Ct. · 1982 · confidence medium
Prior to the frisk, neither facts known by the officer before the stop (contrast Commonwealth v. Anderson, supra at 395-396, 399-400 ; Commonwealth v. McCauley, supra at 781-782, 784 ) nor the defendant’s reputation (compare Commonwealth v. Ballou, 350 Mass. 751, 752-755 [1966], cert. denied, 385 U.S. 1031 [1967]) nor the defendant’s demeanor during the stop (compare Commonwealth v. Lehan, 347 Mass. 197, 199-202 [1964]; Commonwealth v. Hawkes, 362 Mass. 786, 787-789 [1973]), could reasonably have put the officer in fear of his safety or have furnished him with reason to believe that the de…
discussed Cited as authority (rule) Commonwealth v. Ellis
Mass. App. Ct. · 1981 · confidence medium
Moreover, no additional information was gained by the officer upon following the car, contrast Commonwealth v. Johnson, supra at 946 ; no traffic violation was committed, contrast Commonwealth v. Hawkes, 362 Mass. 786, 787 (1973); Commonwealth v. Harris, 3 Mass. App. Ct. 343, 344 (1975), nor was any suspicious activity by either occupant observed prior to the stop, contrast Commonwealth v. Anderson, 366 Mass. 394, 400 (1974).
cited Cited as authority (rule) Commonwealth v. McCauley
Mass. App. Ct. · 1981 · confidence medium
The case seems to us much closer to Commonwealth v. Anderson, 366 Mass. 394, 397-399 (1974), than to Commonwealth v. Antobenedetto, 366 Mass. 51, 55-56 (1974).
cited Cited as authority (rule) Commonwealth v. Mottola
Mass. App. Ct. · 1980 · confidence medium
Commonwealth v. Anderson, 366 Mass. 394, 400 (1974).
cited Cited as authority (rule) Commonwealth v. Ferrioli
Mass. App. Ct. · 1980 · confidence medium
See also Commonwealth v. Ballou, 350 Mass. 751, 756 (1966), cert. denied, 385 U.S. 1031 (1967); Commonwealth v. Anderson, 366 Mass. 394, 397-400 (1974).
cited Cited as authority (rule) Commonwealth v. Ferrara
Mass. App. Ct. · 1980 · signal: cf. · confidence medium
Cf. Commonwealth v. Anderson, 366 Mass. 394, 399 (1974); Commonwealth v. Flaherty, 6 Mass. App. Ct. 876 (1978).
cited Cited as authority (rule) Commonwealth v. Cantalupo
Mass. · 1980 · confidence medium
See Terry v. Ohio, 392 U.S. 1 (1968); Commonwealth v. Silva, 366 Mass. 402, 405 (1974); Commonwealth v. Anderson, 366 Mass. 394, 397 (1974).
discussed Cited as authority (rule) Commonwealth v. Cantalupo
Mass. App. Ct. · 1979 · confidence medium
As we think that the Commonwealth cannot show that the search of the defendant was made on the basis of probable cause (see Commonwealth v. Anderson, 366 Mass. 394, 397-398 [1974], and cases cited), we do not pause to discuss this aspect of the judge’s findings.
discussed Cited as authority (rule) Commonwealth v. Bakon
Mass. App. Ct. · 1979 · confidence medium
The subsequent seizure of the gun in plain view (see Commonwealth v. Haefeli, 361 Mass. 271, 281-282 [1972]; Commonwealth v. Anderson, 366 Mass. 394, 401 [1974]; Commonwealth v. Walker, 370 Mass. 1657 , 1665-1666, cert. denied, 429 U.S. 943 [1976]; Coolidge v. New Hampshire, 403 U.S. 443, 465-466 [1971]) was therefore proper.
cited Cited as authority (rule) Commonwealth v. Wainio
Mass. App. Ct. · 1979 · confidence medium
See also Commonwealth v. Lehan, 347 Mass. 197, 204-205 (1964); Commonwealth v. Anderson, 366 Mass. 394, 397, 399-400 (1974).
discussed Cited as authority (rule) Commonwealth v. Flaherty
Mass. App. Ct. · 1978 · confidence medium
The police had initiated their stakeout of the apartment in response to the informant’s tip that the defendant "was going in to Boston to pick up some more heroin; that he would be around between ... 8:30 and 9:30” f.m. and "[t]hat he would have a load of heroin on him at [that] time.” There was nothing in the tip itself, nor was there any evidence offered at the pretrial hearing on the defendant’s motion to suppress, which disclosed (or even came close to suggesting) the underlying facts or circumstances on which the informant had based his tip (see Commonwealth v. Stevens, 362 Mass. …
discussed Cited as authority (rule) Commonwealth v. Pignone
Mass. App. Ct. · 1975 · confidence medium
See Coolidge v. New Hampshire, 403 U. S. at 466-471 ; Commonwealth v. Rand , 363 Mass, at 557; Commonwealth v. Anderson, 366 Mass. 394, 401 (1974). 13 We assume that it is the potential of a vehicle actually to be moved in a given situation with which we are concerned, and not some mobility inherent in the automobile.
discussed Cited as authority (rule) Commonwealth v. Fox
Mass. App. Ct. · 1975 · confidence medium
The tip was corroborated by the occurrence of the events predicted by the informant (Draper v. United States, 358 U. S. 307, 312-314 [1959]; Commonwealth v. Duran, 363 Mass. 229, 233 [1973]; Commonwealth v. Anderson, 366 Mass. 394, 400 [1974]) and by the observations of Linsky which were reported to O’Malley and Simmons.
discussed Cited as authority (rule) Commonwealth v. Lee
Mass. App. Ct. · 1974 · confidence medium
See Ker v. California, 374 U. S. 23, 42-43 (1963); Harris v. United States, 390 U. S. 234, 236 (1968); Coolidge v. New Hampshire, 403 U. S. 443, 465-466 (1971); Commonwealth v. Deeran, 364 Mass. 193, 196 (1973); Commonwealth v. Anderson, 366 Mass. 394, 401 (1974).
cited Cited "see" Commonwealth v. Hehir
Mass. Super. Ct. · 2009 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974).
cited Cited "see" Commonwealth v. Pagan
Mass. App. Ct. · 2005 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974); Commonwealth v. Grinkley, 44 Mass. App. Ct. 62 , 71 & n.11 (1997).
cited Cited "see" Commonwealth v. Lopez
Mass. App. Ct. · 2002 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 400 (1974); Commonwealth v. Hall, 50 Mass. App. Ct. 208, 210 (2000).
discussed Cited "see" Commonwealth v. Barros
Mass. App. Ct. · 2000 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 400 (1974) (anonymous tip that defendant, armed and dangerous, was trafficking drugs); Commonwealth v. McCauley, 11 Mass. App. Ct. 780, 781 (1981) (“The account of dropping a pistol strongly suggested carelessness with firearms and perhaps even intoxication”); Commonwealth v. Fitzgibbons, 23 Mass. App. Ct. 301, 307 (1986) (defendant had pointed gun at group of people); Commonwealth v. Johnson, 36 Mass. App. Ct. 336, 337 (1994) (defendant, reportedly carrying a handgun, angrily shouting obscenities at a man and police, was “not wholly in contro…
cited Cited "see" Commonwealth v. Foster
Mass. App. Ct. · 2000 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394 (1974) (anonymous note, confirmed somewhat by police observations, handed to police officer by dispatcher which stated “New York to Boston.
discussed Cited "see" Commonwealth v. Va Meng Joe
Mass. App. Ct. · 1996 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974) (anonymous informant’s tip reflected personal knowledge and accurately predicted defendant’s movements); Commonwealth v. Cantalupo, 380 Mass. 173, 174, 176 (1980) (known informant, considered reliable by police, identified defendant as possessing and selling drugs at a certain location); Commonwealth v. Bakoian , 412 Mass, at 301-302 (known informant’s tip identified drug dealers, their vehicle, their destination, and approximate time of arrival); Commonwealth v. Blake, 23 Mass. App. Ct. 456, 457-459 (1987) (known informant poss…
cited Cited "see" Commonwealth v. Stoute
Mass. · 1996 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 399 (1974).
discussed Cited "see" Commonwealth v. Alvarado
Mass. App. Ct. · 1995 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974); Commonwealth v. McCauley, 11 Mass. App. Ct. 780, 781-782 (1981); Commonwealth v. Fitzgibbons, 23 Mass. App. Ct. 301 , 302-303 & n.2 (1986); Commonwealth v. Hurd, 29 Mass. App. Ct. 929, 930 (1990).
cited Cited "see" Commonwealth v. Clermy
Mass. App. Ct. · 1995 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 400-401 (1974).
discussed Cited "see" Commonwealth v. Lyons (2×)
Mass. · 1990 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394 (1974).
cited Cited "see" Commonwealth v. Wren
Mass. · 1984 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394 (1974); Commonwealth v. Lanoue, 356 Mass. 337, 340 (1969).
discussed Cited "see" Commonwealth v. Ceria
Mass. App. Ct. · 1982 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 397-399 (1974); Commonwealth v. Thibeau, 384 Mass. 762, 763 (1981); Commonwealth v. McCauley, 11 Mass. App. Ct. 780, 782-784 (1981); Commonwealth v. Crowley, post 915 (1982).
cited Cited "see" Commonwealth v. Johnson
Mass. App. Ct. · 1978 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 400 (1974).
cited Cited "see" Commonwealth v. Boswell
Mass. · 1978 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 397-398 (1974), and cases cited.
cited Cited "see" Commonwealth v. Keane
Mass. App. Ct. · 1977 · signal: see · confidence high
See Commonwealth v. Anderson, 366 Mass. 394, 400-401 (1974); cf. Commonwealth v. McGrath, supra at 632 ; Sibron v. New York, 392 U. S. 40, 64-65 (1968).
discussed Cited "see, e.g." Commonwealth v. Carrasquillo
Mass. App. Ct. · 1991 · signal: compare · confidence medium
Compare Commonwealth v. Anderson, 366 Mass. 394, 399-400 (1974) (Contents of anonymous informant’s note describing a bus passenger and stating that he was armed and carrying narcotics implied that the informant had obtained the information through personal observation; taken together with independent police corroboration of the defendant’s description and suspicious behavior, an investigatory stop was justified); Commonwealth v. Blake, 23 Mass. App. Ct. 456, 457-459 (1987) (“A detailed tip [describing the defendant’s drug dealing, based on personal observation], confirmed by the appear…
cited Cited "see, e.g." Commonwealth v. Alessio
Mass. · 1979 · signal: see also · confidence medium
See also Commonwealth v. Anderson, 366 Mass. 394, 398-399 (1974).
examined Cited "see, e.g." State ex rel. H. B. (4×)
N.J. · 1977 · signal: see also · confidence low
See also Commonwealth v. Anderson, 366 Mass. 394 , 318 N. E. 2d 834 (Sup. Jud.
examined Cited "see, e.g." State in Interest of HB (4×)
N.J. · 1977 · signal: see also · confidence low
See also Commonwealth v. Anderson, 366 Mass. 394 , 318 N.E. 2d 834 (Sup. Jud.
Retrieving the full opinion text from the archive…
Commonwealth vs. James Anderson
Massachusetts Supreme Judicial Court.
Nov 14, 1974.
318 N.E.2d 834
1974 Mass. LEXIS 731
David M. Skeels for the defendant., Joseph E. Coffey, Special Assistant District Attorney, for the Commonwealth.
Tauro, Reardon, Braucher, Hennessey, Wilkins.
Cited by 71 opinions  |  Published
Reardon, J.

The defendant was sentenced to the Massachusetts Correctional Institution at Concord following his convictions before a judge and a jury for possession of a[*395] hypodermic needle and three syringes, and possession of heroin with intent to distribute it. He had filed a motion to suppress prior to trial which was denied, and the sole issue is whether there was error in the court’s action. The appeal is here under the provisions of G. L. c. 278, §§ 33A-33G.

Following the hearing on the motion to suppress, the judge made extensive findings. We summarize the evidence which the judge could have found.

The sole witness for the Commonwealth was Officer William H. Kennefick, Jr., of the Boston tactical patrol force. On August 24,1972, while in uniform, he was on duty on a paid detail at the Greyhound bus terminal in Boston, and about 12:20 a.m., having been summoned to the dispatcher’s booth, was handed a page from a newspaper called the “Good News of Jesus,” published in New Jersey. Written on the newspaper was the message, “New York to Boston. Please get the Boston Police, Bus terminal Boston Greyhound. 1 Man Armed & Dangerous. Black. Blue hat. Brown Paper Bag. Important! has Narcotics. This is No Joke.” The message was unsigned. The officer was told by the dispatcher that a bus driver had just handed it to him, the bus driver stating that he had been given the paper as he went through a toll booth on the road from New York to Boston. The toll booth operator had told the bus driver that the newspaper had been thrown into the toll booth shortly before by someone in a New York to Boston bus. The bus driver also told the dispatcher that he had passed the other New York to Boston bus and arrived at the terminal a brief period ahead of it. Soon after the dispatcher conveyed this information to Officer Kennefick a New York to Boston bus arrived at the terminal, and the first man to alight from the bus was the defendant, who was black, wore a blue hat, a T-shirt and dungarees, and carried a brown paper bag somewhat larger than an ordinary lunch bag. The officer indicated to two other uniformed police officers who had entered the terminal that he had a suspect and that they should cut off the street exit of the terminal. The defendant noticed Kennefick and walked briskly toward the interior of the terminal, looking back on certain occasions at[*396] Kennefick who was behind him at a distance of four to five feet. The defendant progressed approximately fifty to seventy-five feet across the terminal lobby to the exit door, at which point the other two officers entered through the doors. The defendant hesitated and then made a “gesture” as if attempting to get rid of the bag in his hand. Officer Kennefick grabbed his wrist and shoved him against the wall, whereupon the bag fell to the floor. Tho other two officers also reached the defendant and began a pat-down. While the pat-down was proceeding, Kennefick, keeping his eyes on the defendant and holding his hand, groped for the bag which he accidentally picked up by the wrong end, with the result that the contents spilled on the floor. The contents consisted of three balls partially covered in aluminum foil and partially in cellophane. Through the cellophane Officer Kennefick could see numerous small envelopes containing white powder.

After retrieving the bag, Officer Kennefick handcuffed the defendant and placed him under arrest. A search of the defendant’s person revealed three syringes, a cooking cap, a hypodermic needle, a rain bonnet, and two small cellophane envelopes containing white powder. No weapons were found on the defendant or in the bag. The envelopes discovered in the paper bag proved on analysis to contain heroin and were introduced in evidence, as were the syringes and the two envelopes found on the defendant’s person, also containing heroin.

The judge made no finding as to whether the police had probable cause to arrest the defendant and as to whether the search was incident to that arrest. He did rule, however, that the search was a search for weapons for the protection of the police officer and that it was “carefully limited to an intrusion that did not go beyond reasonable limits.” See G. L. c. 41, § 98, as amended through St. 1967, c. 368. Prior to so ruling he specifically found that when Officer Kenne-fick “was reaching down and groping for the bag, he was doing so with the intention of attempting to ascertain whether or not it contained a gun.” The sole question on[*397] appeal is whether in the circumstances set out above the defendant’s constitutional rights were violated.

Each threshold inquiry raises the question whether there has been a Fourth Amendment violation. Terry v. Ohio, 392 U. S. 1 (1968). But within the confines of the Fourth Amendment, a “brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.” Adams v. Williams, 407 U. S. 143, 146 (1972). Where the officer has reason to believe that a suspect is armed and presently dangerous to him or others, a limited search is authorized to neutralize that threat. Commonwealth v. Lehan, 347 Mass. 197 (1964). Commonwealth v. Salerno, 356 Mass. 642 (1970). Commonwealth v. Wilson, 360 Mass. 557 (1971). Commonwealth v. Hawkes, 362 Mass. 786 (1973). Terry v. Ohio, supra, at 24. But “in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry v. Ohio, supra, at 21.

The facts on which Officer Kennefick acted here consisted entirely of the handwritten message and the suspicious behavior of a suspect fitting the description in the note which the officer had received. He thus was acting on information provided anonymously. We inquire whether his action on such information is “reasonable” within the defined limits of a threshold inquiry.

There is a long line of cases dealing with informants’ tips in the context of probable cause to arrest which require generally (1) a showing that the informant was trustworthy, and (2) a further showing of the underlying facts and circumstances on which his information was based sufficient to demonstrate the reliability of the information. Commonwealth v. Avery, 365 Mass. 59, 62-63 (1974). Aguilar v. Texas, 378 U. S. 108, 112-116 (1964). Spinelli v. United States, 393 U. S. 410, 415-416 (1969).[*398] Where the tip fails to meet this two-pronged test, there must be sufficient independent corroboration to insure trustworthiness. Commonwealth v. Stevens, 362 Mass. 24, 27-28 (1972). Commonwealth v. Avery, 365 Mass. 59, 63 (1974). Draper v. United States, 358 U. S. 307 (1959). Spinelli v. United States, supra, at 415-416. However, in Adams v. Williams, 407 U. S. 143, 147 (1972), the most recent United States Supreme Court decision on “stop and frisk,” the court veered away from the two-pronged test for threshold inquiries based on an informant’s tips, emphasizing that while an unverified tip may not suffice for arrest or warrant it may carry enough “indicia of reliability” to justify a threshold inquiry. The Adams case does not lay down any definite test in these situations, pointing out that tips may vary in reliability and that no one rule can supply all the answers. In the tip of the Adams case, for instance, the informant was known to the officer personally and had provided previous information, but the tip failed to state underlying facts on which the information was based.

In Massachusetts, most cases upholding a “stop and frisk” have relied on the personal observations of the police officer which gave him grounds for suspicion and reason to fear that the defendant may be armed and dangerous. See Commonwealth v. Lehan, 347 Mass. 197 (1964); Commonwealth v. Roy, 349 Mass. 224 (1965); Commonwealth v. Dottin, 353 Mass. 439 (1968); Commonwealth v. Matthews, 355 Mass. 378 (1969); Commonwealth v. Salerno, 356 Mass. 642 (1970); Commonwealth v. Hawkes, 362 Mass. 786 (1973). We have had one case involving an anonymous tip which was decided before the Terry case. In Commonwealth v. Ballou, 350 Mass. 751 (1966), cert. den. 385 U. S. 1031 (1967), the police received an anonymous telephone tip that the defendant was in a certain cafe in possession of a gun. The court upheld a threshold inquiry and pat-down stating, “That the original source of information was an anonymous tip ... is not of importance .” Id. at 756. See Ballou v. Massachusetts, 403 F. 2d 982 (1st Cir. 1968) (denying writ of habeas corpus in same case). In the[*399] Ballou case, it should be noted that the police were familiar with the defendant who had a reputation for carrying a gun, evidenced by a prior conviction on such a charge. There thus existed some corroboration of the tip.

Recently other courts have validated a “stop and frisk” on the basis of anonymous information. United States v. Unverzagt, 424 F. 2d 396 (8th Cir. 1970) (tip from unknown informant that the defendant attempted to sell him postal money orders, cited with approval in Adams v. Williams, 407 U. S. 143, 146 [1972]). United States v. Legato, 480 F. 2d 408 (5th Cir. 1973), cert. den. 414 U. S. 979 (1973) (tip that someone carrying a bomb in an orange bag would attempt to board flight to Chicago). United States v. Hernandez, 486 F. 2d 614 (7th Cir. 1973), cert. den. 415 U. S. 959 (1974) (tip as to van carrying possibly illegal aliens, corroborated by observation). People v. Arthurs, 24 N. Y. 2d 688 (1969) (information from anonymous passersby). Contra, United States v. Pearce, 356 F. Supp. 756, 759-760 (E. D. Pa. 1973) (anonymous informant lacked necessary indicia of reliability).

In this case we are of opinion that there exist indicia of reliability to sustain the police officer’s actions. First, the inference could be drawn from the note that the informant was on the same bus as the defendant and very probably based his information on personal observations. The brevity and the lack of detail of the note are explainable by a need to act quickly in getting the message to the toll booth operator for the authorities. It is not unimportant that the message was in writing and was passed on by some disinterested citizen, thus eliminating the possibility of a police fabrication which is a principal concern in assessing the propriety of a threshold inquiry launched by an anonymous tip. See Williams v. Adams, 436 F. 2d 30, 38-39 (2d Cir. 1970) (Friendly, J., dissenting), revd. en banc 441 F. 2d 394 (2d Cir. 1971), revd. 407 U. S. 143 (1972); Note, The Supreme Court, 1971 Term, 86 Harv. L. Rev. 1, 179-180 (1972). Officer Kennefick’s action can hardly be viewed as a “flight of imaginative fancy or calculated harassment.” Commonwealth v. Hawkes, 362 Mass. 786, 789[*400] (1973). The credibility of the note was further enhanced by the accuracy of its predictions. The defendant emerging from the New York bus was indeed accurately described in the note. Cf. Commonwealth v. Kane, 362 Mass. 656 (1972); Commonwealth v. Avery, 365 Mass. 59 (1974); Draper v. United States, 358 U. S. 307 (1959). In addition, the officer observed the defendant acting somewhat suspiciously in looking back over his shoulder, which lends some corroborative effect to the facts known to the police. See Commonwealth v. Roy, 349 Mass. 224, 228 (1965) (threshold inquiry after the defendant averted eyes from police). In our view the foregoing facts considered together with reasonable inferences suffice to justify the threshold inquiry. Moreover, since the note referred to the suspect as “Armed & Dangerous,” the police could reasonably fear that he might attempt to escape by using arms and were thus justified in making a weapons search for their protection. Terry v. Ohio, 392 U. S. 1, 24-27 (1968). G. L. c. 41, § 98. Nor were they required to identify themselves or make verbal inquiry before undertaking the search. See Adams v. Williams, 407 U. S. 143 (1972).

It is the contention of the defendant that even if the police were justified in making a protective weapons search, the search of the paper bag was still unreasonable because the police had no reason to believe, and in fact did not believe, the bag contained a weapon. It is undeniable that the police could not search the bag for evidence in furtherance of the threshold inquiry. Commonwealth v. Lehan, 347 Mass. 197, 204-205 (1964). Terry v. Ohio, 392 U. S. 1, 26 (1968). It is not unreasonable to consider that a weapon might be found in such a bag, and the judge so found. See United States v. Sims, 450 F. 2d 261, 263 (4th Cir. 1971). But the defendant argues that when confronted by the police he made a gesture as if attempting to get rid of the bag in his hand, which suggests that it contained drugs rather than a weapon. A colloquy, which is the only[*401] discussion on the point at the hearing on the motion to suppress, is of bearing here. [1]

The defendant argues from the colloquy, which is somewhat ambiguous, that the officer was not considering that there might be a weapon in the bag when he picked it up, but we are dealing with a situation in which split-second decisions had to be made and we are not going to say that the judge could not have found that the officer reached for the bag almost instinctively in his search for weapons whether he necessarily planned it or not. We accept his finding, and it follows that the discovery of the heroin which fell out of the bag is justifiable under the “plain view” doctrine, which permits the officer to seize evidence where he has a prior justification for an intrusion and inadvertently comes across such evidence incriminating the suspect. Commonwealth v. Wilson, 360 Mass. 557, 560 (1971). Commonwealth v. Hawkes, 362 Mass. 786, 789-790 (1973). Commonwealth v. Rand, 363 Mass. 554, 557-559 (1973). Commonwealth v. Cook, 364 Mass. 767, 771 (1974). Coolidge v. New Hampshire, 403 U. S. 443, 464-473 (1971).

In sum it is our conclusion that, given these circumstances, what occurred here was a proper threshold inquiry producing evidence which was justifiably employed in the trial against the defendant. We see no error.

Judgments affirmed.

1

Counsel for the defendant: “You were looking to see if there were drugs in that bag, isn’t that correct?”

The witness: “The bag at that particular moment was the last thing in my mind.”

Counsel for the defendant: “The last thing in your mind?”

The witness: “Right. We were looking for a gun.”