Commonwealth v. Kennedy, 690 N.E.2d 436 (Mass. 1998). · Go Syfert
Commonwealth v. Kennedy, 690 N.E.2d 436 (Mass. 1998). Cases Citing This Book View Copy Cite
161 citation events (127 in the last 25 years) across 5 distinct courts.
Strongest positive: Commonwealth v. Castillo-Martinez (massappct, 2024-04-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Commonwealth v. Castillo-Martinez (4×) also: Cited "see"
Mass. App. Ct. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have often recognized that a police officer's knowledge of the reputation for . . . drug dealing of persons interacting with a defendant . . . is a factor to support probable cause to arrest the defendant
examined Cited as authority (verbatim quote) Commonwealth v. Stewart (3×) also: Cited as authority (rule), Cited "see"
Mass. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
morales reached into the vehicle toward kennedy, while kennedy reached toward morales
discussed Cited as authority (verbatim quote) Commonwealth v. Clark (2×) also: Cited "see, e.g."
Mass. App. Ct. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
the quickness of the interaction . . . reasonably could be interpreted by the officer as suspicious conduct
examined Cited as authority (quoted) Commonwealth v. Long (2×)
Mass. · 2019 · quote attribution · 2 verbatim quotes · confidence low
we have often recognized that a police officer's knowledge of the reputation for drug use or drug dealing of persons interacting with a defendant, even though not sufficient alone, is a factor to support probable cause to arrest the defendant
discussed Cited as authority (rule) COMMONWEALTH v. ENRIQUE CRUZ-ROSARIO (And a Companion Case).
Mass. App. Ct. · 2026 · signal: cf. · confidence medium
Cf. Commonwealth v. Kennedy, 426 Mass. 703, 704, 707 (1998) (probable cause found where police 5 At oral argument, the Commonwealth appropriately conceded that, as to the warrantless searches, it can rely only on the evidence presented at the evidentiary hearing, and not on additional information included in the applications for the search warrants, thus withdrawing the arguments in its brief that relied on the additional information. 7 saw "quick" hand-to-hand transaction with known drug dealer in area known for drug crimes); Commonwealth v. Santaliz, 413 Mass. 238, 239-240, 242 (1992) (proba…
discussed Cited as authority (rule) Commonwealth v. Epi S. Baez
Mass. App. Ct. · 2025 · confidence medium
"Our deference to the judge's assessment of the weight and credibility of testimonial evidence includes inferences 'derived reasonably from the testimony.'" Commonwealth v. Gonzalez, 487 Mass. 661 , 668 (2021), quoting Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998). 3.
cited Cited as authority (rule) Commonwealth v. Anthony Arruda.
Mass. App. Ct. · 2023 · signal: cf. · confidence medium
Cf. Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998); Commonwealth v. Freeman, 87 Mass. App. Ct. 448, 451-452 (2015).
discussed Cited as authority (rule) Commonwealth v. Privette
Mass. · 2023 · confidence medium
"A reviewing court may consider the 'whole silent movie,' [ Santaliz, supra at 242 ,] disclosed to the eyes of an experienced . . . investigator rather than 17 'scrutinize in isolation' each of the facts and circumstances known to the officers." Gant, supra, quoting Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998).
discussed Cited as authority (rule) Commonwealth v. Kearse
Mass. App. Ct. · 2020 · confidence medium
The facts before us in this case are distinguishable from other cases such as Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998), and Commonwealth v. Santaliz, 413 Mass. 238, 241-242 (1992), in which justification for an arrest or a stop existed because "the 'silent movie' observed by an experienced narcotics investigator reveal[ed] a sequence of activity consistent with a drug sale." Commonwealth v. Freeman, 87 Mass. App. Ct. 448, 452 (2015). 10 It is not necessary in cases such as this that the police officer observe an exchange of items or actually see drugs or cash, but it is necessary…
discussed Cited as authority (rule) Commonwealth v. Barreto (2×)
Mass. · 2019 · confidence medium
See Commonwealth v. Clark, 65 Mass. App. Ct. 39, 44-45 (2005) (no reasonable suspicion for stop where individual in "high drug area" left bar, approached defendant, handed "an item" to defendant, and then returned to bar as defendant appeared to count money); Commonwealth v. Ellis, 12 Mass. App. Ct. 476 , 477 5 Although we have not adopted a per se rule that requires officers to be able to identify whether anything is exchanged in order to have reasonable suspicion to believe that a drug transaction has taken place, see Commonwealth v. Stewart, 469 Mass. 257, 263 (2014), citing Commonwealth v.…
discussed Cited as authority (rule) Commonwealth v. Sanders (2×) also: Cited "see"
Mass. App. Ct. · 2016 · confidence medium
These are not technical; they are the *661 factual and practical considerations of everyday life on which reasonable and prudent men [and women], not legal technicians, act.” For example, in Commonwealth v. Santaliz, 413 Mass. 238, 241 (1992), the Supreme Judicial Court set forth a nonexclusive list of factors that, when taken together, support a ruling that there was probable cause to search a person in the context of a suspected street-level drug transaction. 1 In Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998), 2 the court added that while there is no per se rule (and the court dec…
discussed Cited as authority (rule) Commonwealth v. Vick
Mass. App. Ct. · 2016 · confidence medium
Officer Cazeau’s observation of the defendant with his pants down and penis exposed also gave Cazeau probable cause to arrest the defendant for indecent exposure. “[PJrobable cause exists where, at the moment of arrest, the facts and circumstances within the knowledge of the police are enough to warrant a prudent person in believing that the individual arrested has committed or was committing an offense.” Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998), quoting from Commonwealth v. Santaliz, 413 Mass. 238, 241 (1992).
discussed Cited as authority (rule) Commonwealth v. Freeman (2×)
Mass. App. Ct. · 2015 · confidence medium
See Commonwealth v. Santaliz, 413 Mass. 238, 242 (1992); Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998); Commonwealth v. Levy, 459 Mass. 1010, 1011-1012 (2011); Commonwealth v. Stewart, 469 Mass. 257, 262-263 (2014).
examined Cited as authority (rule) Commonwealth v. Ilya I., a juvenile (4×) also: Cited "see"
Mass. · 2015 · confidence medium
The police incident report provides no information from which an inference that the juvenile was a lookout reasonably might be drawn. 12 exchanged an object." Stewart, 469 Mass. at 263 , quoting Commonwealth v. Kennedy, 426 Mass. 703, 710 (1998).
discussed Cited as authority (rule) Commonwealth v. Salvador
Mass. Super. Ct. · 2011 · confidence medium
See Commonwealth v. Almeida, 373 Mass. 266 (1977) (when officers experienced in night patrols saw a parked car with its engine running, but lights out, behind an apartment building in a high crime area, they were justified in conducting an investigative stop); Commonwealth v. Kennedy, 426 Mass. 703, 708 (1999) (holding that an officer’s training, education, and knowledge, along with factors similar to those above, can support probable cause to arrest and search the defendant). b.
examined Cited as authority (rule) Commonwealth v. Levy (3×) also: Cited "see"
Mass. App. Ct. · 2010 · confidence medium
In determining whether the record establishes that “the activity observed ... fit a ‘pattern’ or constituted a ‘classic street level drug transaction’ ” sufficient to establish probable cause, “ [reasonable inferences and common knowledge are appropriate considerations.” Commonwealth v. Kennedy, 426 Mass. 703, 705, 707 (1998) (citation omitted).
discussed Cited as authority (rule) Commonwealth v. Cabrera (2×) also: Cited "see"
Mass. App. Ct. · 2010 · confidence medium
See Commonwealth v. Santaliz, 413 Mass. 238, 242 (1992) (in eyes of experienced narcotics investigator, whole “silent movie” disclosed sequence of activity consistent with drug sale); Commonwealth v. Kennedy, 426 Mass. 703, 710-711 (1998) (even though officer did not see what was exchanged, his training, education, and knowledge supported reasonable suspicion of drug transaction); Commonwealth v. Stephens, 451 Mass. 370, 384-385 (2008) (reasonable suspicion of drug transaction arose from observations by experienced officers).
discussed Cited as authority (rule) Commonwealth v. Gomes
Mass. · 2009 · confidence medium
That there may be an innocent explanation for the defendant’s actions “does not remove [those actions] from consideration in the reasonable suspicion analysis.” Commonwealth v. DePeiza, supra. See Commonwealth v. Kennedy, 426 Mass. 703, 710-711 (1998) (even though officer did not see what was exchanged, officer’s training, education, and knowledge supported reasonable suspicion of drug transaction).
discussed Cited as authority (rule) Commonwealth v. Stephens
Mass. · 2008 · confidence medium
The motion judge did not explicitly uphold the search under the theory of search incident to arrest, but relied on Commonwealth v. Kennedy, 426 Mass. 703, 708-709 (1998) (officer had probable cause to arrest and search defendant after seeing quick exchange with known drug dealer in high crime area).
discussed Cited as authority (rule) Commonwealth v. Hampton (2×) also: Cited "see"
Mass. Super. Ct. · 2007 · confidence medium
Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998).
examined Cited as authority (rule) Commonwealth v. Tremblay (3×) also: Cited "see"
Mass. Super. Ct. · 2004 · confidence medium
“Reasonable suspicion may not be based on good faith or a hunch, but on specific, articulable facts and inferences that follow from the officer’s experience.” Commonwealth v. Kennedy, 426 Mass. 703, 710-11 (1998).
discussed Cited as authority (rule) Commonwealth v. McCoy (2×) also: Cited "see"
Mass. App. Ct. · 2003 · confidence medium
See Commonwealth v. Anderson, 362 Mass. 74, 76-77 (1972); Commonwealth v. Hall, 366 Mass. 790, 792-793, 798 (1975); Commonwealth v. Carrasco, 405 Mass. 316, 322 (1989); Commonwealth v. Santaliz, 413 Mass. 238, 240-242 (1992); Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998); Commonwealth v. Sweezey, 50 Mass. App. Ct. 48, 49-51 (2000); Commonwealth v. Albert, 51 Mass. App. Ct. 377, 377-380 (2001).
discussed Cited as authority (rule) Commonwealth v. Fernandez (2×) also: Cited "see"
Mass. App. Ct. · 2003 · confidence medium
See Commonwealth v. Gullick, 386 Mass. 278, 283 (1982) (“Probable cause to arrest exists when, at the moment of arrest, the facts and circumstances known to the police officers were sufficient to warrant a person of reasonable caution in believing that the defendant had committed or was committing a crime”); Commonwealth v. Williams, 422 Mass. 111 , 119 n.11 (1996); Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998); Commonwealth v. Garcia, 34 Mass. App. Ct. 386 , 393 n.8 (1993); Smith, Criminal Practice and Procedure §§ 238-243 (1983); Grasso & McEvoy, Suppression Matters Under Mass…
discussed Cited as authority (rule) Commonwealth v. Velasquez
Mass. Super. Ct. · 2003 · confidence medium
“In a similar context, the Supreme Judicial Court has remarked that the quickness of the interaction between the parties reasonably could be interpreted by the officer as suspicious conduct, similar to the suspicious conduct of the ‘furtive’ transactions observed in Commonwealth v. Santaliz, 413 Mass. 238, 241 (1992).” Hill, supra, 49 Mass.App.Ct. at 63 , citing Commonwealth v. Kennedy, supra at 708-09.
discussed Cited as authority (rule) Commonwealth v. Emuakpor
Mass. App. Ct. · 2003 · confidence medium
In considering the Commonwealth’s arguments, “we accept the motion judge’s subsidiary findings of fact absent clear error, and we view, with particular respect, the conclusions of law that are based on them.” Commonwealth v. Hill, 49 Mass. App. Ct. 58, 62 (2000), quoting from Commonwealth v. Kennedy, 426 Mass. 703, 705 (1998).
discussed Cited as authority (rule) Commonwealth v. Almeida
Mass. Super. Ct. · 2002 · signal: cf. · confidence medium
Cf. Commonwealth v. Kennedy, 426 Mass. 703, 704-06 (1998) (finding probable cause where police saw a car pull up to the curb in a high crime, high drug area, and a known drug dealer approached the vehicle, spoke to the driver briefly, left for one minute, returned, reached into the vehicle while the driver reached toward him, and the vehicle then drove off).
cited Cited as authority (rule) Commonwealth v. Smith
Mass. App. Ct. · 2002 · confidence medium
Contrast Commonwealth v. Santaliz, 413 Mass. 238, 241 (1992); Commonwealth v. Kennedy, 426 Mass. 703, 707, 709-710 (1998); Commonwealth v. Sweezey, 50 Mass. App. Ct. 48, 51-52 (2000).
discussed Cited as authority (rule) Commonwealth v. Sweezey (2×)
Mass. App. Ct. · 2000 · confidence medium
Although the conclusory testimony of the officers to the effect that they had witnessed a drag transaction, see note 4, supra, may not have revealed their inferential processes sufficiently to establish probable cause to arrest, compare Commonwealth v. Kennedy, 426 Mass. 703, 705-706 (1998), the actions they observed — the apparent signal to the defendant in an area known for high drag activity, combined with the defendant following the Monte Carlo, interacting with its occupants, and then returning to his car carrying a paper bag — viewed in the light of common sense and the officers’ e…
discussed Cited as authority (rule) Commonwealth v. Hill
Mass. App. Ct. · 2000 · confidence medium
In such cases “we accept the motion judge’s subsidiary findings of fact absent clear error, and we view, with particular respect, the conclusions of law that are based on them.” Commonwealth v. Kennedy, 426 Mass. 703, 705 (1998).
discussed Cited as authority (rule) Commonwealth v. Callahan
Mass. Super. Ct. · 1999 · confidence medium
The Commonwealth also relies on Commonwealth v. Kennedy, 426 Mass. 703, 710 (1998), for the proposition that the absence of an observation that an object was exchanged during the encounter with the male on the bicycle is not fatal to the Commonwealth’s case.
discussed Cited as authority (rule) Commonwealth v. Peters (2×) also: Cited "see"
Mass. App. Ct. · 1999 · confidence medium
In reviewing a judge’s denial of a motion to suppress, “we accept the motion judge’s subsidiary findings of fact absent clear error, and we view, with particular respect, the conclusions of law that are based on them.” Commonwealth v. Kennedy, 426 Mass. 703, 705 (1998).
discussed Cited as authority (rule) Commonwealth v. Frias
Mass. App. Ct. · 1999 · confidence medium
“Whether an inference is warranted or is impermissibly remote must be determined, not by hard and fast rules of law, but by experience and common sense.” Commonwealth v. Kennedy, 426 Mass. 703, 707-708 (1998), quoting Commonwealth v. Drew, 4 Mass. App. Ct. 30, 32 (1976).
cited Cited as authority (rule) Commonwealth v. Caraballo
Mass. Super. Ct. · 1998 · confidence medium
Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998).
discussed Cited as authority (rule) Commonwealth v. Wallace
Mass. App. Ct. · 1998 · confidence medium
The defendant fled “on his own propulsion,” see Commonwealth v. Harkess, 35 Mass. App. 626, 632 (1993); that fact, coupled with the evident effort to conceal some object in the defendant’s sweatshirt, and the defendant’s prior drug arrest, see Commonwealth v. Kennedy, 426 Mass. 703, 709 (1998), justified the responsive pursuit by the police.
discussed Cited as authority (rule) Commonwealth v. Soto
Mass. App. Ct. · 1998 · confidence medium
Small quantities of drugs are easily concealed, see Commonwealth v. Kennedy, 426 Mass. 703, 710 (1998), and in certain situations, an illegal drug transaction may be inferred from other circumstances even if what is transferred is not actually seen.
discussed Cited as authority (rule) Commonwealth v. Mantinez (2×) also: Cited "see"
Mass. App. Ct. · 1998 · signal: cf. · confidence medium
Cf. Commonwealth v. Kennedy, 426 Mass. 703, 710-711 (1998).
cited Cited "see" Commonwealth v. Harold M. Miller.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 709 (1998) (interacting with known drug users supports probable cause).
discussed Cited "see" Commonwealth v. Torres
Mass. App. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 710-711 (1998). 10Further specific facts suggesting criminality include the defendant popping up in the back seat to look at the police and then ducking back down, the defendant refusing to provide identification, and the driver giving a false name for the defendant. 14 warrantless search of the vehicle was supported by probable cause, the defendant's motion to suppress should have been denied.
discussed Cited "see" Commonwealth v. Gonzalez
Mass. · 2021 · signal: see · confidence high
See Commonwealth v. Miller, 486 Mass. 78 , 81-82 (2020), citing Clarke, supra. Our deference to the judge's assessment of the weight and credibility of testimonial evidence includes inferences "derived reasonably from the testimony." Commonwealth v. Kennedy, 426 Mass. 703, 708 (1998). "[T]he drawing of permissible inferences in an action at law is a question of fact; it is a function of the fact finding tribunal and not of this court on review of questions of law." Commercial Credit Corp. v. Commonwealth Mtge. & Loan Co., 276 Mass. 335, 340 (1931).
discussed Cited "see" Commonwealth v. Evelyn
Mass. · 2020 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 706 (1998) ("We prefer more extended testimony on an officer's 'inferential process'" [citation omitted]).
discussed Cited "see" Commonwealth v. Darosa (2×)
Mass. App. Ct. · 2019 · signal: see · confidence high
See Kennedy , 426 Mass. at 706 , 690 N.E.2d 436 ("Commonwealth should have elicited from the officer more detail on what a typical street-level drug sale looks like from beginning to end").
cited Cited "see" Commonwealth v. Rivera
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Kennedy , 426 Mass. 703 , 709-710 (1998) ; Commonwealth v. Freeman , 87 Mass. App. Ct. 448 , 449, 453 n.5 (2015).
cited Cited "see" Commonwealth v. Rafe R.
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Kennedy , 426 Mass. 703 , 707 (1998). 2.
cited Cited "see" Commonwealth v. Cotton
Mass. App. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Kennedy , 426 Mass. 703 , 711 (1998) (finding probable cause despite excluding clearly erroneous findings).
discussed Cited "see" Commonwealth v. Hernandez
Mass. App. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Kennedy , 426 Mass. 703 , 705 (1998) (We view "with particular respect" conclusions of law based on the judge's subsidiary findings of fact).
cited Cited "see" Commonwealth v. Perez
Mass. App. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 708-711 (1998).
discussed Cited "see" Commonwealth v. Castillo
Mass. App. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 710 (1998) (declining to “adopt a per se rule that an officer must actually see an object exchanged . . . before he has sufficient evidence supporting probable cause to arrest”).
cited Cited "see" Commonwealth v. Fontaine
Mass. App. Ct. · 2014 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 704-705 (1998).
discussed Cited "see" Commonwealth v. Keefner (2×)
Mass. · 2012 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 709 (1998).
discussed Cited "see" Commonwealth v. Coronel
Mass. App. Ct. · 2007 · signal: see · confidence high
See note 6, infra. In Commonwealth v. Kennedy, 426 Mass. at 708-709 , the court found probable cause where (1) there was an interaction between someone in a vehicle and a person on the street, “who apparently retrieved something before concluding the interaction with the vehicle’s occupant”; (2) the interaction occurred at a location known for a high incidence of drug traffic; (3) the event was witnessed by an experienced officer who had made previous drug arrests in the area and considered the interaction as one involving a drug sale; (4) the interaction could be interpreted as suspicio…
Retrieving the full opinion text from the archive…
Commonwealth
v.
James Kennedy
Massachusetts Supreme Judicial Court.
Feb 17, 1998.
690 N.E.2d 436
Marcia H. Slingerland, Assistant District Attorney, for the Commonwealth., Edward B. Gaffney for the defendant.
Marshall.
Cited by 72 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Massachusetts Supreme Judicial… (2)
Marshall, J.

The defendant, James Kennedy, was convicted of illegal possession of cocaine, G. L. c. 94C, § 34, and conspiracy to violate controlled substances laws, G. L. c. 94C, § 40, and appealed. The Appeals Court reversed the convictions. Commonwealth v. Kennedy, 42 Mass. App. Ct. 668 (1997). We granted the Commonwealth’s application for further appellate review. A judge in the District Court had denied[*704] Kennedy’s motion to suppress contraband evidence based on her determination that probable cause existed for a warrantless arrest and a search of Kennedy incident to that arrest. We affirm the denial of the motion to suppress the illegal drugs seized from the defendant and affirm the defendant’s convictions.

1. The arresting officer testified to the following at the hearing on Kennedy’s motion to suppress. The officer was experienced in narcotics investigations, focusing principally on street-level drug dealing, and had made some one hundred drug arrests with more than one-half of them involving cocaine. During the last two years of his eight-year career, the police officer had been assigned to patrol a downtown area of Lawrence that included what he described as a “high crime area, high drug area.” In this area the officer had made some seventy-five previous arrests. Prior to Kennedy’s arrest, the officer had received numerous complaints about a particular intersection from neighbors and a store owner, who reported that drug dealing was occurring in front of his store.

At 1 p.m. on August 29, 1994, while parked some forty yards from the intersection in a marked police cruiser and conducting surveillance of the intersection, the officer observed a vehicle pull up and stop at a curb on the comer. Efrain Morales, an individual who had been the basis “of many complaints in the area” and who was known by the police officer to have been arrested previously for narcotics sales, approached the passenger side of the vehicle. Morales leaned down, put his head in the open window, and appeared to exchange words with the driver and sole occupant of the vehicle, who later was determined to be Kennedy. Moments later, Morales ran away, but in approximately one minute, he returned to the vehicle. Morales reached into the vehicle toward Kennedy, while Kennedy reached toward Morales. It appeared to the officer that something was exchanged. Morales then walked away and the vehicle drove off.

Based on his “knowledge, education, training” and “previous experience with those types of sales,” the officer believed he had witnessed activities “[c]onsistent with a narcotics sale,” even though he had not seen what had been exchanged. The officer followed and pulled the vehicle over. The officer observed Kennedy to be “nervous and fidgety.” He ordered Kennedy out[*705] of the vehicle, frisked him,[1] discovered a small glassine bag containing two “rocks” of crack cocaine, and arrested him.

2. We review initially the District Court judge’s findings of fact. We do so having in mind the Appeals Court’s determination that some of those findings are clearly erroneous. In reviewing the denial of a motion to suppress, we accept the motion judge’s subsidiary findings of fact absent clear error, and we view, with particular respect, the conclusions of law that are based on them. See Commonwealth v. Welch, 420 Mass. 646, 651 (1995); Commonwealth v. Yesilciman, 406 Mass. 736, 743 (1990).

First, Kennedy argues that the record does not support the judge’s findings that the activity observed occurring between Morales and Kennedy fit a “pattern” or constituted a “classic street level drug transaction.”[2] The officer’s description of the activities that he witnessed, coupled with his testimony that based on his “knowledge, education, training” and “previous experience with those types of sales,” the officer believed he had witnessed activities “consistent with a narcotics sale,” support the judge’s finding (emphasis supplied). The judge did not simply repeat words and phrases drawn directly from the officer’s admittedly sparse testimony, but restated the testimony[*706] as a foundation for her legal conclusion. “Pattern” means a “model or an original used as an archetype” (emphasis supplied). American Heritage Dictionary of the English Language 1329 (3d ed. 1992). “Classic” is defined as “óf a well-known type” (emphasis supplied). Id. at 352. One could reasonably infer from the officer’s testimony that he had compared the observed activity with a general type of street-level drug sale with which he was familiar, and found it consistent.

Kennedy objects, however, to more than the judge’s labels for classifying the observed behavior, and points out the absence of a description of a typical drug deal in the officer’s testimony. We prefer more extended testimony on an officer’s “inferential process,” and here the Commonwealth should have elicited from the officer more detail on what a typical street-level drug sale looks like from beginning to end. Commonwealth v. Taglieri, 378 Mass. 196, 199-201, cert. denied, 444 U.S. 937 (1979) (facts meaningful to trained law enforcement officer but not apparent from common knowledge and experience must be explained by disclosing both the facts and the officer’s inferential process). In this case, the judge inferred from the officer’s testimony that the features of the specific example observed also described the general type. While more thorough testimony would have been preferable, the judge’s findings on this issue were entitled to deference because they were sufficiently related by reasonable inference to the officer’s testimony. In reaching this conclusion, we do not “unduly exalt the significance of generalized police expertise.” Commonwealth v. Kennedy, 42 Mass. App. Ct. 668, 678 (1997). The pattern of street-level drug sales represented by the Kennedy-Morales interaction is not so obscure or remote from the common knowledge of a District Court judge that she could not supple-, ment with her own inferences the officer’s testimony concerning his inferential process in identifying the observed Kennedy-Morales interaction as a drug sale.

Next, Kennedy objects to the judge’s finding that Morales was a “known drug dealer” because nothing indicated that his arrests for narcotic sales had ever resulted in any convictions or even indictments.[3] The officer knew that local residents had complained about Morales. The officer’s slightly garbled[*707] testimony on Morales’s arrests reasonably could be interpreted to say that other officers had identified Morales as having been arrested for drug dealing. Defense counsel raised no objection to this testimony on hearsay grounds. Conviction or indictment are not the only reliable grounds for someone to be known as or reputed to be a drug dealer. The judge’s finding that Morales was a known drug dealer has support in the record and was not clear error.

Next, Kennedy objects to the judge’s finding that the reaching by Morales and Kennedy toward each other was “quick” and “furtive.” Testimony supported the judge’s finding that Morales had an initial “brief” conversation with Kennedy and “quickly went down Park Street and returned within a minute.”[4] There was no testimony on how quickly Morales reached into the vehicle. The officer testified that after the reaching activity, Morales walked away and the vehicle drove off. We think the record is sufficient to support an inference that the entire sequence of events transpired quickly. We agree that there is no direct support in the record to characterize the gestures as “furtive,” except in so far as furtiveness may be inferred from the quickness of the interaction.

Finally, Kennedy objects to the judge’s finding that there had been “a quick exchange between dealer and operator.” On direct examination, the officer testified that “[i]t appeared something had been exchanged.” Defense counsel on cross-examination asked the officer, “[Is it] fair to say that you didn’t see anything that was exchanged, if anything was being exchanged?” The officer answered, “That’s correct.” From this testimony, the judge could reasonably infer that the officer observed an exchange of something without being able to see what it was that had been exchanged.

After review of the judge’s findings and the hearing transcript, we conclude that most of the findings objected to have support in the record. “Reasonable inferences and common knowledge are appropriate considerations for determining probable cause.” Commonwealth v. Welch, 420 Mass. 646, 650 (1995), quoting Commonwealth v. Alessio, 377 Mass. 76, 82 (1979). See Commonwealth v. Byfield, 413 Mass. 426, 429-430 (1992). “Whether[*708] an inference is warranted or is impermissibly remote must be determined, not by hard and fast rules of law, but by experience and common sense.” Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991), quoting Commonwealth v. Drew, 4 Mass. App. Ct. 30, 32 (1976). “An inference . . . ‘need only be reasonable and possible; it need not be necessary or inescapable.’ ” Commonwealth v. Merola, 405 Mass. 529, 533 (1989), quoting Commonwealth v. Beckett, 373 Mass. 329, 341 (1977). We have noted some of the judge’s findings that we do not find sufficiently supported by the testimony; we exclude these findings from our probable cause analysis. As for most of the criticized findings, the judge’s inferences were derived reasonably from the testimony and are entitled to deference.

3. “[P]robable cause exists where, at the moment of arrest, the facts and circumstances within the knowledge of the police are enough to warrant a prudent person in believing that the individual arrested has committed or was committing an offense.” Commonwealth v. Santaliz, 413 Mass. 238, 241 (1992), quoting Commonwealth v. Storey, 378 Mass. 312, 321 (1979), cert. denied, 446 U.S. 955 (1980). Were we to scrutinize in isolation each of the remaining facts and circumstances known at the time to the officer, we may conclude that no individual fact or circumstance made it probable that a crime had occurred or was occurring. We look, however, at the “whole ‘silent movie’ disclosed to the eyes of an experienced narcotics investigator.” Commonwealth v. Santaliz, supra at 242. See Commonwealth v. Ortiz, 376 Mass. 349, 354 (1978). The factors in this silent movie are similar to, although not identical with, those supporting a probable cause finding in the Santaliz case. Like that case, (1) a vehicle pulled up and an interaction occured between someone in the vehicle and someone on the street, who apparently retrieved something before concluding the interaction with the vehicle’s occupant; (2) in a place known by the police officer as a place of high incidence of drug traffic; and (3) witnessed by an experienced officer, who had made numerous drug arrests in the neighborhood and considered the event as revealing a drug sale. Commonwealth v. Santaliz, supra at 241. The fourth factor noted in Santaliz was the furtiveness of the persons observed, characterized by the concealment of the item exchanged and the silence of the interaction. While we have not endorsed the judge’s finding of furtiveness, the[*709] quickness of the interaction between Morales and Kennedy reasonably could be interpreted by the officer as suspicious conduct, similar to the suspicious conduct of the “furtive” transaction observed in the Santaliz case.

Otherwise, that case and this one differ in two ways. In this case, the officer had knowledge of Morales as a person previously arrested as a drug dealer.[5] The neighbors’ and the store owner’s complaints further pointed to Morales as a drug dealer. This information — the identity of a main character in the silent movie — made for stronger grounds, compared to Santaliz, for the officer’s belief that a drug transaction had occurred. Of course the mere association with another individual suspected of criminal activity is insufficient, standing alone, to support probable cause for arrest. See Commonwealth v. Frazier, 410 Mass. 235, 240 (1991); Commonwealth v. Dirring, 354 Mass. 523, 531 (1968). Those cases are distinguishable from this one for two reasons: first, Kennedy’s interaction with Morales appeared to the officer to be a crime itself, not an incidental association; and, second, Kennedy’s association with Morales was not the only factor supporting probable cause. We have often recognized that a police officer’s knowledge of the reputation for drug use or drug dealing of persons interacting with a defendant, even though not sufficient alone, is a factor to support probable cause to arrest the defendant. See, e.g., Com[*710] monwealth v. Carrasco, 405 Mass. 316, 322 (1989); Commonwealth v. Valdez, 402 Mass. 65, 71 (1988); Commonwealth v. Hall, 366 Mass. 790, 792-793 (1975); Commonwealth v. Avery, 365 Mass. 59, 63-64 (1974); Commonwealth v. Anderson, 362 Mass. 74, 76-77 (1972). It is clear to us that the officer’s knowledge of Morales’s reputation in the community as a drug dealer makes this case for probable cause stronger than the similar case of Commonwealth v. Santaliz, supra.6

Kennedy further complains that the officer did not see either an object or money change hands in the apparent exchange testified to by the officer. The Appeals Court was unable to find “any authority that recognizes as a permissible factor in the probable cause calculus the inference by a law enforcement officer — however massive his training, expertise and experience — that he has witnessed an illegal drug transaction despite never actually seeing any identifiable object being passed or received.” Commonwealth v. Kennedy, 42 Mass. App. Ct. 668, 675 (1997).[7] This gap in the evidence, the second difference between this case and Commonwealth v. Santaliz, supra, undoubtedly weakens the case here for probable cause, which otherwise appears stronger than the Santaliz case. We decline, however, what seems to be an invitation in the Appeals Court’s opinion to adopt a per se rule that an officer must actually see an object exchanged in circumstances such as these before he has sufficient evidence supporting probable cause to arrest. First, small quantities of drugs are easily concealed and move quickly in hand-to-hand exchanges. See, e.g., Commonwealth v. Blatz, 9 Mass. App. Ct. 603, 605 (1980). “In dealing with probable cause ... we deal with probabilities. These are not techni[*711] cal; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Brinegar v. United States, 338 U.S. 160, 175 (1949). Accord Commonwealth v. Desper, 419 Mass. 163, 170 (1994); Commonwealth v. Santaliz, supra at 242. Given the practical consideration of the small size of packages of drugs, which are capable of being concealed within a closed hand, we would critically handicap law enforcement to require in every circumstance that an officer not only witness an apparent exchange, but also see what object was exchanged, before making a search incident to an arrest. Furthermore, were we to make a rule that one particular piece of evidence is an essential criterion to support probable cause, we are concerned that we might create an incentive for officers to shade their testimony as to the one piece of evidence required, in order to justify retroactively an arrest or search that may be well supported by other facts and circumstances.[8] Certainly whether the officer sees an object exchanged is an important piece of evidence that supports probable cause, and its absence weakens the Commonwealth’s probable cause showing. The other factors enumerated by the judge in this case, however, are sufficient to overcome the officer’s failure to actually see the object exchanged in the drug transaction.

We conclude that the judge’s findings of fact, with the exceptions noted, are not clearly erroneous. We view her probable cause determination based thereon with respect. We affirm the judge’s denial of Kennedy’s motion to suppress and affirm the convictions.

So ordered.

1

The District Court judge concluded that the officer stopped the car for the purpose of searching for drugs, and that the pat down was not a protective search for weapons for the officer’s safety. Based on this conclusion, the judge correctly ruled that the officer had to have probable cause to arrest the defendant when he searched him.

2

The judge’s findings of fact state: “The activity fit a pattern where a Seller is on the street, is approached by a prospective buyer, brief conversation takes place, the Seller moves off quickly, presumably to a nearby ‘stash’ and comes back where a quick encounter and exchange takes place and the buyer takes off... . Based on the officer’s extensive experience in street level narcotics sales, his observations of a known drug dealer approaching a car that pulls up, followed by a brief conversation, the drug dealer quickly going around the comer and quickly coming back and the quick exchange between dealer and operator and the driver immediately leaving, warranted the officer to conclude that he was observing a classic street level drag transaction. Even though the [officer] did not see the actual drugs in the dealer’s hand, or the money exchange hands, the quick, furtive gestures bespoke a drag sale. While the actions might have been susceptible of other interpretations, including innocent ones, where the person on the street was a known drug dealer in a high drag area, the conclusion drawn by the officer went well beyond a suspicion or a hunch to reach a level of probable cause that a drug sale had occurred before him giving the officer the right to stop, search and arrest the defendant without a warrant.”

3

The Commonwealth concedes that the record does not support the judge’s finding that the officer himself had arrested Morales. This clear error weakens but does not vitiate the finding that Morales was known by the officer to have been arrested previously for drug dealing.

4

“ [Morales] leaned down. Then moments later he walked, ran away. . . . It appeared that words had been exchanged. The individual on the sidewalk ran off ... . Moments later, approximately a minute later, he returned to the motor vehicle . . . .”

5

Regarding the relevance and reliability of testimony on Morales’s prior arrests, Brinegar v. United States, 338 U.S. 160, 173-174 (1948), supports the proposition that evidence of a prior arrest may be admissible in a probable cause hearing, even if the same evidence would not be admissible at trial. The Brinegar Court observed that, even at trial such evidence is not excluded because it has no probative value, but rather its inadmissibility at trial “illustrate[s] the difference in standards and latitude allowed in passing upon the distinct issues of probable cause and guilt.” Id. at 174. Indeed, we have considered a defendant’s receipt of a package from someone who has had prior drug arrests a relevant factor for probable cause purposes. See Commonwealth v. Ortiz, 376 Mass. 349, 350, 354 (1978).

Commonwealth v. Mejia, 411 Mass. 108, 111-112 (1991), and Commonwealth v. Rojas, 403 Mass. 483, 486 (1988), are not helpful to Kennedy. Those cases question the reliability of information from confidential, unidentified informants based solely on their previous tips to police having led to arrests. In this case, other police officers, not confidential informants, were the source of information of Morales’s arrests. More pertinent, the question of how probative Morales’s prior arrests may be to his current criminal conduct bears no relationship, by analogy or otherwise, to the question of how probative prior arrests based on an informant’s tip may be of the informant’s veracity concerning information on other criminal conduct.

6

Community policing, for example, involves looking to the community for help in formulating police initiatives in neighborhoods. See Livingston, Police Discretion and the Quality of Life in Public Places: Courts, Communities, and the New Policing, 97 Colum. L. Rev. 551, 564 (1997). Community input to police appropriately may include community knowledge of known drug users and dealers.

7

Although the sufficiency of evidence to support probable cause was not an issue in our recent decision, Commonwealth v. Rivera, 425 Mass. 633 (1997), the facts of that case show that officers arrested suspects after receiving complaints, conducting surveillance, and seeing individuals approach an apartment door and make hand-to-hand exchanges, without being able to see what was exchanged. Id. at 635. Indeed, we noted in that case that “[unfortunately drug sales are so common in present society that almost any witness could draw the inference that drug sales were occurring when observing the activities described by [the officer].” Id. at 646 n.13.

8

See, e.g., Slobogin, Testilying: Police Perjury and What to Do About It, 67 U. Colo. L. Rev. 1037, 1056 (1996). Slobogin advocates flexibility in probable cause standards in order to lessen incentives for police to testify with slight alterations in the facts. Police officers do so to accommodate an unwieldy constitutional constraint and obtain a just result: “It’s awfully hard to explain to a judge what I mean when I testify that I saw a furtive movement. I’m glad you were along to see this because you can see what we’re up against. . . I can testify as to the character of the neighborhood, my knowledge that the man was an addict and all that stuff, but what I mean is that when I see a hype move the way that guy moved, I know he’s trying to get rid of something.” Id., quoting J.H. Skolnick, Justice Without Trial 216 (2d ed. 1975). Slobogin concludes that, “[i]n such a situation, elaboration of the facts, perhaps . . . that the drug was in plain view, is a natural reaction on the part of a police officer.” Slobogin, supra.