Commonwealth v. Isaiah I., 861 N.E.2d 404 (Mass. 2007). · Go Syfert
Commonwealth v. Isaiah I., 861 N.E.2d 404 (Mass. 2007). Cases Citing This Book View Copy Cite
190 citation events (190 in the last 25 years) across 2 distinct courts.
Strongest positive: Commonwealth v. Kelsco Porter. (massappct, 2026-02-12)
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2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Commonwealth v. Kelsco Porter. (2×) also: Cited as authority (rule)
Mass. App. Ct. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
findings of fact are drawn from, and consistent with, the evidence and are not merely a recitation of the evidence
examined Cited as authority (quoted) Commonwealth v. Ringador
Mass. App. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellate court may supplement a motion judge's subsidiary findings with evidence from the record that 'is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness's testimony
discussed Cited as authority (rule) Commonwealth v. Alfred B. Flores.
Mass. App. Ct. · 2026 · confidence medium
Although we "may supplement a motion judge's subsidiary findings with evidence from the record that 'is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness's testimony,'" id., quoting Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), we "may do so only so long as the supplemented facts 'do not detract from the judge's ultimate findings.'" Jones-Pannell, 5 The defendant also argues that his statements and the fruits thereof should have been suppressed because he was subjected to custodial interrogation without Miranda w…
discussed Cited as authority (rule) COMMONWEALTH v. J.C., a Juvenile.
Mass. App. Ct. · 2025 · confidence medium
We may also supplement the facts found by the motion judge with "uncontroverted and undisputed" evidence adduced at the hearing "where the judge explicitly or implicitly credited the witness's testimony." Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Morris
Mass. · 2023 · confidence medium
The defendant argues that the recording of his police station statement, after police officers read to him, and he waived, his Miranda rights, was a "secret recording" prohibited by the wiretap statute. 5 We supplement the motion judge's subsidiary findings with "evidence from the record that 'is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness's testimony.'" Jones-Pannell, 472 Mass. at 431 , quoting Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Armstrong
Mass. · 2023 · confidence medium
We recite the facts found by the motion judge.18 Ricigliano and Levy "received a call for a person who would not leave . . . [a m]otel"; upon arriving at the motel, Ricigliano spoke with employees at the front desk, who told him "that a man who was not a guest had been in and out of the building most of the night, and that they were concerned about his appearance and demeanor." The employees "wanted [the officers] to check on [the defendant] and make sure he was okay." A desk clerk stated that the defendant "made her feel uncomfortable."19 Ricigliano knocked on the door of the motel lobby bath…
cited Cited as authority (rule) Commonwealth v. Guardado
Mass. · 2023 · confidence medium
Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Privette
Mass. · 2023 · confidence medium
Even if we were to assume that this footnote was a finding that Doherty did not hear the subsequent broadcasts detailing the additional descriptions that mentioned facial hair, the record makes clear that Dwan did hear them, and thus, we impute his knowledge to Doherty. "[A]n appellate court may supplement a motion judge's subsidiary findings with evidence from the record that 'is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness's testimony.'" Jones-Pannell, 472 Mass. at 431 , quoting Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) COMMONWEALTH v. LUIS H. PEREIRA.
Mass. App. Ct. · 2021 · confidence medium
"We summarize the judge's . . . findings of fact, supplementing with additional facts from testimony that the judge explicitly or implicitly credited." Commonwealth v. Soriano-Lara, 99 Mass. App. Ct. 525 , 526 (2021), citing Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) COMMONWEALTH v. DAVID PRIVETTE.
Mass. App. Ct. · 2021 · confidence medium
We summarize the judge's detailed findings of fact, supplementing with additional facts from testimony that the judge explicitly or implicitly credited. [Note 1] See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
cited Cited as authority (rule) Commonwealth v. Dennis
Mass. App. Ct. · 2019 · confidence medium
His findings, supplemented by the testimony that he credited, Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), include the following: At approximately 12:11 A.M.
cited Cited as authority (rule) Commonwealth v. Cordero
Mass. · 2017 · confidence medium
Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Grassie
Mass. · 2017 · confidence medium
See Commonwealth v. Sylvain, 466 Mass. 422, 439 (2013), S.C., 473 Mass. 832 (2016) (remanding for findings related to defendant's ineffective assistance of counsel claim); Commonwealth v. Greineder, 458 Mass. 207, 219-220 (2010), S.C., 464 Mass. 580 (2013) (discussing result after remanding for factual findings on defendant's claim of closed court room during jury empanelment); Commonwealth v. Isaiah I., 448 Mass. 334, 338 (2007), S.C., 450 Mass. 818 (2008) (remanding for further factual findings in context of motion to suppress); Commonwealth v. Hernandez, 421 Mass. 272 , 278–280 (1995) (va…
discussed Cited as authority (rule) Commonwealth v. Grassie (2×)
Mass. · 2017 · confidence medium
See Commonwealth v. Sylvain, 466 Mass. 422, 439 (2013), S.C., 473 Mass. 832 (2016) (remanding for findings related to defendant’s ineffective assistance of counsel claim); Commonwealth v. Greineder, 458 Mass. 207, 219-220 (2010), S.C., 464 Mass. 580 (2013) (discussing result after remanding for factual findings on defendant’s claim of closed court room during jury empanelment); Commonwealth v. Isaiah I., 448 Mass. 334, 338 (2007), S.C., 450 Mass. 818 (2008) (remanding for further factual findings in context of motion to suppress); Commonwealth v. Hernandez, 421 Mass. 272, 278-280 (1995) (v…
discussed Cited as authority (rule) Commonwealth v. Abdallah
Mass. · 2016 · confidence medium
We set forth the facts found by the motion judge, supplementing those findings with uncontroverted evidence in the record that was credited by the judge. 3 See Commonwealth v. White, 469 Mass. 96, 97 (2014), citing Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
cited Cited as authority (rule) Commonwealth v. Oliveira
Mass. · 2016 · confidence medium
Commonwealth v. Jones-Pannell, 472 Mass. 429, 431 (2015), citing Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Depiero
Mass. · 2016 · confidence medium
Moreover, having reviewed the tape recording of the communications, the information contained in the portion of the 911 call that was recorded was consistent with the information later communicated to Dwyer by the dispatcher. 2 We acknowledge the amicus briefs submitted by the Massachusetts Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers. 3 “[A]n appellate court may supplement a motion judge’s subsidiary findings with evidence from the record that ‘is uncontroverted and undisputed and where the judge explicitly or implicitly credited the w…
examined Cited as authority (rule) Commonwealth v. Jones-Pannell (3×) also: Cited "see", Cited "see, e.g."
Mass. · 2015 · confidence medium
Although an appellate court may supplement a motion judge’s subsidiary findings with evidence from the record that “is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony,” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), it may do so only so long as the supplemented facts “do not detract from the judge’s ultimate findings.” Commonwealth v. Jessup, 471 Mass. 121, 127-128 (2015).
discussed Cited as authority (rule) Commonwealth v. Douglas
Mass. · 2015 · confidence medium
“Although an appellate court may supplement a motion judge’s subsidiary findings with evidence from the record that ‘is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony,’ ” “the mere absence of contradiction is not enough to permit supplementation with facts not found by the judge.” Commonwealth v. Jones-Pannell, 472 Mass. 429, 431, 436 (2015), quoting Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008). “[I]n no event is it proper for an appellate court to engage in what amounts to indepe…
discussed Cited as authority (rule) Commonwealth v. Melo
Mass. · 2015 · confidence medium
After an evidentiary *286 hearing, the motion judge, who was not the trial judge, made the following relevant findings of fact, which we supplement where necessary with evidence in the record that is uncontroverted and that was implicitly credited by the motion judge, see Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), and with the video recording of the interview of the defendant, which was admitted in evidence at the motion hearing. 15 In the late evening of November 3, 2009, Dr. Peter Bosco, an emergency room physician at Morton Hospital, encountered the de…
discussed Cited as authority (rule) Commonwealth v. Clark
Mass. · 2015 · confidence medium
We have said that “[a]ppellate courts may supplement a judge’s finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Jewett
Mass. · 2015 · confidence medium
We summarize the facts as found by the motion judge, and as supplemented by the testimony at the suppression hearing that he credited, see Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), reserving certain details for our analysis of the issues raised on appeal.
discussed Cited as authority (rule) Commonwealth v. Warren (2×)
Mass. App. Ct. · 2015 · confidence medium
We summarize the facts from the motion judge’s careful findings, supplemented by evidence in the record that is uncontroverted and that was implicitly credited by the motion judge. 2 See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Gordon
Mass. App. Ct. · 2015 · confidence medium
In these circumstances it is open to an appellate court to imply additional findings of fact so long as (1) “the evidence is uncontroverted,” and (2) “the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
cited Cited as authority (rule) Commonwealth v. Crowley-Chester
Mass. App. Ct. · 2015 · confidence medium
Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).
discussed Cited as authority (rule) Commonwealth v. Maingrette (2×)
Mass. App. Ct. · 2014 · confidence medium
Their purpose was to arrest the defendant on the warrant that they believed was still outstanding." We pause in our recitation of the judge's findings to note that Officer Burrows, who was the sole witness at the hearing and whose testimony is not disputed (see Commonwealth v. Isaiah I., 448 Mass. 334, 337-338 [2007], S.C., 450 Mass. 818 , 819-821 & n.4 [2008]), testified in addition that by 4:30 P.M. at least seven officers had returned to the area and were "just waiting for transmissions" from the two detectives who had remained behind and were still watching the residence.
discussed Cited as authority (rule) Commonwealth v. Thomas
Mass. · 2014 · confidence medium
A judge in the Superior Court, who was not the trial judge, conducted an evidentiary hearing on the motion, and made the following relevant findings of fact, which we supplement where necessary with evidence in the record that is uncontroverted and that was implicitly credited by the motion judge, see Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), and with the video recordings of the interviews of the defendant, which were admitted in evidence at the motion hearing. 4 On the morning of July 6, the Brockton police department and the State police began investig…
examined Cited as authority (rule) Commonwealth v. Jones-Pannell (3×)
Mass. App. Ct. · 2014 · confidence medium
At the conclusion of Commonwealth v. Isaiah I., 448 Mass. 334, 339 (2007), the court remanded the case to the motion judge for further findings necessary for informed review of a suppression order.
discussed Cited as authority (rule) Commonwealth v. Figueroa
Mass. · 2014 · confidence medium
We may supplement those findings “if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), and cases cited.
discussed Cited as authority (rule) Care & Protection of Yetta
Mass. App. Ct. · 2014 · confidence medium
Such findings should be stated clearly, concisely and unequivocally, and be worded so that they are not susceptible of more than one interpretation.” Commonwealth v. Isaiah I., 448 Mass. 334, 339 (2007) (quotations and citations omitted).
discussed Cited as authority (rule) Commonwealth v. Gentile (2×)
Mass. · 2014 · confidence medium
We supplement the judge’s findings with additional details from the testimony of Trooper Napolitano because the judge found his testimony to be “cred ible in its entirety.” See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008), and cases cited. 5 Trooper Napolitano was “an experienced [seventeen-year] veteran of the State Police.” His duties for the two years prior to the motion hearing included executing outstanding arrest warrants, during which he had arrested more than 200 people on warrants, including more than one hundred people in their homes.
discussed Cited as authority (rule) Commonwealth v. Rosado (2×) also: Cited "see"
Mass. App. Ct. · 2013 · confidence medium
However, this case illustrates a practical consequence of fact finding reviewed under the standard of Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008): “Appellate courts may supplement a judge’s findings of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” If, as here, the only witness at a suppression hearing is the searching or arresting officer, the silence of a motion judge on the subject of the witness’s credibility may invite the appellate impression of the judge…
cited Cited as authority (rule) Commonwealth v. F.W.
Mass. · 2013 · confidence medium
We summarize the judge’s findings of fact, supplemented with uncontested testimony adduced at the evidentiary hearing. 7 See Commonwealth v. Isaiah, 448 Mass. 334, 337 (2007), and cases cited.
discussed Cited as authority (rule) Commonwealth v. Anderson
Mass. · 2012 · confidence medium
“Appellate courts may supplement a judge’s finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), and cases cited.
discussed Cited as authority (rule) Commonwealth v. Arias
Mass. App. Ct. · 2012 · confidence medium
Before reciting the motion judge’s findings, we summarize the testimony “that was ‘uncontroverted and undisputed and [that] the judge explicitly or implicitly credited.’ ” Commonwealth v. Ocasio, 71 Mass. App. Ct. 304, 305 , cert. denied, 555 U.S. 931 (2008), quoting from Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007). 2 On the morning of May 29, 2008, Sergeant Detective Ma-honey, who was in charge of the MBTA’s internal security unit, received a telephone call from Richard Hart, the MBTA’s manager of station maintenance with a supervisory responsibility over the MBTA’s c…
discussed Cited as authority (rule) Commonwealth v. Samuel
Mass. App. Ct. · 2011 · confidence medium
Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007). 1 On August 2, 2007, at 11:45 p.m., Officer Edwin Hernandez of the Chelsea police department was working at the front desk when he received a telephone call from a Spanish-speaking man.
discussed Cited as authority (rule) Commonwealth v. Nelson
Mass. · 2011 · confidence medium
Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008) (court may supplement judge’s findings if uncontroverted and judge explicitly or implicitly credited witnesses’ testimony).
discussed Cited as authority (rule) Commonwealth v. Morgan
Mass. · 2011 · confidence medium
We “supplement a judge’s finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Powell
Mass. · 2011 · confidence medium
On appeal, he advances his argument solely under art. 14. 7 We “supplement a judge’s findings of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Cruz (2×)
Mass. · 2011 · confidence medium
We summarize the facts as found by the judge, supplemented by uncontroverted facts from the record of the hearing. 2 Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Eddington
Mass. · 2011 · confidence medium
We “supplement a judge’s finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Greenwood
Mass. App. Ct. · 2011 · confidence medium
We summarize the relevant facts from the motion judge’s findings, supplemented as necessary with uncontested facts from the motion hearings. 3 See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007) (Isaiah I. [No. 1]), S.C. 450 Mass. 818 (2008) (Isaiah I. [No. 2]).
discussed Cited as authority (rule) Commonwealth v. Lopez (2×)
Mass. · 2010 · confidence medium
We “supplement a judge’s findings of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Mathis
Mass. App. Ct. · 2010 · confidence medium
On appeal from an order on a motion to suppress, we may supplement the motion judge’s findings of fact only “if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
discussed Cited as authority (rule) Commonwealth v. Farnsworth
Mass. App. Ct. · 2010 · confidence medium
See Commonwealth v. Butler, 423 Mass. 517 , 518 n.1 (1996); Commonwealth v. Isaiah I., 448 Mass. 334, 337-338 (2007). 2 On March 16, 2006, Randy Girard, who was both a fire fighter with the Townsend fire department and a police detective with the Townsend police department, was working in his capacity as a fire fighter.
cited Cited as authority (rule) Commonwealth v. Watts
Mass. App. Ct. · 2009 · confidence medium
See Commonwealth v. Butler, 423 Mass. 517 , 518 n.1 (1996); Commonwealth v. Isaiah I., 448 Mass. 334, 337-338 (2007).
cited Cited as authority (rule) Commonwealth v. Porter P.
Mass. App. Ct. · 2008 · confidence medium
See Commonwealth v. Butler, 423 Mass. 517 , 518 n.1, 526 n.10 (1996); Commonwealth v. Isaiah, 448 Mass. 334, 337-338 (2007); Commonwealth v. Cataldo, 69 Mass. App. Ct. 465, 472 (2007).
discussed Cited as authority (rule) Commonwealth v. Monteiro
Mass. App. Ct. · 2008 · confidence medium
In addition, ‘[o]n a motion to suppress, “[t]he determination of the weight and credibility of the testimony is the function and responsibility of the [motion] judge who saw the witnesses, and not this court.” ’ Commonwealth v. Yesilciman, 406 Mass. 736, 743 (1990), quoting Commonwealth v. Moon, 380 Mass. 751, 756 (1980).” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
cited Cited as authority (rule) Commonwealth v. Isaiah I.
Mass. · 2008 · confidence medium
We remanded Commonwealth v. Isaiah I., 448 Mass. 334, 338 (2007), in part because the judge did not make credibility determinations about the officers’ testimony.
discussed Cited as authority (rule) Commonwealth v. Ocasio
Mass. App. Ct. · 2008 · confidence medium
We summarize the underlying facts as found by the motion judge, which we supplement with testimony that was “uncontroverted and undisputed and [that] the judge explicitly or implicitly credited.” Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007).
Retrieving the full opinion text from the archive…
Commonwealth
v.
Isaiah I., a juvenile
Massachusetts Supreme Judicial Court.
Feb 9, 2007.
861 N.E.2d 404
2007 Mass. LEXIS 25
Brian M. Wiseman for the juvenile., Dean A. Mazzone, Assistant District Attorney (Sarah B. Richardson & Kathleen Celio, Assistant District Attorneys, with him) for the Commonwealth.
Ireland.
Cited by 153 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Massachusetts Appeals Court (1)
Ireland, J.

A Juvenile Court judge allowed the defendant juvenile’s motion to suppress a firearm that was seized from him after police searched him in a store in the Dorchester section of Boston. A single justice of this court allowed the Commonwealth’s application for leave to pursue an interlocutory appeal to the Appeals Court. The Appeals Court, in an unpublished memorandum and order pursuant to its rule 1:28, Commonwealth v. Isaiah I, a juvenile, 65 Mass. App. Ct. 1111 (2005),[*335] reversed the judge’s decision, after adding facts to fill in gaps in the judge’s factual findings. We granted the juvenile’s application for further appellate review to determine whether the judge properly allowed his motion to suppress. Because we conclude that the judge’s factual findings are inadequate and would require us to add facts in an attempt to fill in gaps in the findings, we remand the case to the judge for further factual findings, reconsideration of legal conclusions in light of the further findings, and other proceedings consistent with this opinion.

Facts and procedural background. The juvenile was charged as a youthful offender with unlawful possession of a firearm in 2003. He filed a motion to suppress, and the judge held an evidentiary hearing at which two Boston police detectives testified. The juvenile presented no witnesses. At the conclusion of the hearing, the judge allowed the motion in an oral order. The Commonwealth subsequently requested, and the judge issued, written findings of fact and ruling of law. Mass. R. Crim. P. 15 (b) (2), as appearing in 422 Mass. 1501 (1996). In the written decision, the judge found the following:

“On January 30, 2004, Boston Police Officer Brian Black and Det. William Doogan[1] were driving in an unmarked cruiser in the area of Femdale Road and Norfolk Street. As they passed Ada’s Tropical Market they saw a young black male, Tyrone Green standing near the store. Another young black male [the juvenile] was standing near the store looking into the store, which at the time was open, with one hand in his pocket, moving it around. The young men were not standing together, nor were they talking with each other. Mr. Green actually lived on Norfolk Street. The officers had not received any calls for a crime about to be committed or having been committed that evening at or anywhere near the store.
“Prior to pulling the car over the only words the officers said to one another were ‘do you see what I see?’ Upon stopping in front of the store, the officers got out of the car and immediately started pursuit of the two males.[*336] The Officers never called out to the males, never attempted to question them, never identified themselves as police and never saw anything in their hands. [The juvenile] went into the store, which was open and proceeded to the back of the store near the snacks and deli. Officer Doogan chased [the juvenile] into ... the back of the store, where [the juvenile] was seen with his hand near his sock. Officer Doogan never saw a weapon in or near [the juvenile’s] pocket or sock. Officer Doogan searched and cuffed [the juvenile] never identifying himself. . .
“Based on the facts as presented, the juvenile was merely seen looking into a window of a well lit open store.
“The officers never saw a gun, or anything that looked like a weapon. Additionally, the officers never saw any interaction between the two males on the street or any movement that would lead them to believe they were together. Nor had they ever seen these two males before. The officers did cite that in the past, not that day nor any definite amount of days prior, there had been purse snatches in the ‘area.’ However, none was attributed to happening in front of this store, on this block, or either of these two males.”[2]

The judge concluded that the detectives did not have reasonable suspicion to stop the juvenile and granted the motion to suppress.

In reversing the judge’s decision, the Appeals Court stated that some of the judge’s findings were clearly erroneous as was her ultimate legal conclusion. For example, the court noted, and the record supports, that there was no testimony that Detective Doogan “chased” the juvenile into the store, or that the juvenile was seen with his hand near (rather than in) his sock.[3] The court also stated that the judge made no finding regarding the credibility of the detectives who testified and therefore the court[*337] “added uncontroverted facts to fill out the narrative.” In doing so, the Appeals Court relied on the testimony of the two detectives who testified.

Discussion. The Commonwealth argues that the factual findings on which the motion judge based her legal conclusion are clearly erroneous. Commonwealth v. Thomas, 429 Mass. 403, 405 (1999) (“motion judge’s findings of fact are binding in the absence of clear error”). The Commonwealth also argues that this court may review the record and find the support necessary to reverse the judge’s decision to grant the motion to dismiss, because it is clear that the judge credited the detectives’ uncontroverted testimony.[4]

Appellate courts may supplement a judge’s finding of facts if the evidence is uncontroverted and undisputed and where the judge explicitly or implicitly credited the witness’s testimony. Commonwealth v. Alvarado, 423 Mass. 266, 268 n.2 (1996). Commonwealth v. Santiago, 410 Mass. 737, 738 n.2 (1991). See Commonwealth v. Butler, 423 Mass. 517, 526 n.10 (1996) (appellate court considers uncontroverted testimony that “in no way contradicts] the motion judge’s findings [but] merely fill[s] out the narrative”); Commonwealth v. Scott, 52 Mass. App. Ct. 486, 492 (2001), S.C., 57 Mass. App. Ct. 36 (2003) and 440 Mass. 642 (2004) (court’s willingness to supplement motion judge’s findings based on confidence that material “is indeed uncontroverted” and that motion judge “explicitly or implicitly credited the witness’s testimony”). In addition, “[o]n a motion to suppress, ‘[t]he determination of the weight and credibility of the testimony is the function and responsibility of the [motion] judge who saw the witnesses, and not this court.’ ” Commonwealth v. Yesilciman, 406 Mass. 736, 743 (1990), quoting Commonwealth v. Moon, 380 Mass. 751, 756 (1980).

As the Appeals Court noted, some of the judge’s findings of fact are clearly erroneous. In addition, some of the factual findings omit mention of related testimony so as to appear incomplete. Two examples will suffice. First, both detectives testified that there had been a string of robberies on several streets in the area, including on Norfolk Street, where they had[*338] observed the juvenile in front of the store. They also testified that there were armed robberies, what they called “strong-armed robberies” (i.e., involving threats or actual beatings) and purse snatchings. However, the judge found only that the detectives “cited that in the past, not that day nor any definite amount of days prior, there had been purse snatches in the ‘area’ [and] none was attributed to happening in front of this store, on this block . . . .” Second, both detectives testified that, after they pulled their unmarked cruiser in front of the store, the juvenile entered the store and the detectives then got out of the cruiser. However, the judge’s findings stated: “Upon stopping in front of the store, the officers got out of the car and immediately started pursuit of the two males. . . . [The juvenile] went into the store, which was open and proceeded to the back of the store near the snacks and deli.”

These gaps in the facts are material to the issues concerning when the juvenile was seized and whether the detective had reasonable suspicion that the juvenile had a weapon. See, e.g., Commonwealth v. Laureano, 411 Mass. 708, 710 (1992) (no seizure where detectives followed defendant into public restroom); Commonwealth v. Fraser, 410 Mass. 541, 544 n.4, 545-547 (1991) (officer’s safety concern justifies pat frisk; innocent factors, taken together, may amount to reasonable belief). Because the judge did not make a credibility determination of the detectives’ testimony, we are in no position to tell whether she found none, some, or all of their testimony credible and thus cannot determine whether her omissions are the result of clear error, Commonwealth v. Thomas, supra (court accepts judge’s findings of fact absent clear error), or whether she simply did not credit the testimony, Commonwealth v. Scott, supra (court must be confident that judge credited witness testimony).[5] Credibility determinations are for the motion judge to make. Commonwealth v. Yesilciman, supra. Accordingly, we conclude that the matter must be remanded to the judge for further factual findings and a reconsideration of the legal conclusions in light of those further findings.

We conclude this discussion by noting that “[a] finding of[*339] fact is the judge’s declaration that it is a fact. Usually ... a finding of fact will be the product of the judge’s deliberation and deduction on an essential, material, or relevant fact that has been put in issue.” J.J. George, Judicial Opinion Writing 134 (4th ed. 2000). Findings of fact are drawn from, and consistent with, the evidence and are not merely a recitation of the evidence. Id. at 133. Where relevant, they reflect credibility determinations of witnesses’ testimony. Findings of fact also reflect a weighing of evidence. Id. at 134. If a fact is based on weighing the credibility of a witness, there must be some testimony consistent with the finding. Id. at 154.

Findings of fact are factual deductions from the evidence, essential to the judgment in the case. Id. at 110, 133, 134. Such findings should be stated clearly, concisely and unequivocally, and be worded so that they are not susceptible of more than one interpretation. Id. at 144. A judge should rely on the facts derived from the evidence to reach the ultimate facts that resolve the case in light of applicable law. Id. at 151. The judge’s findings as to ultimate facts should be founded on reasonable inferences that flow logically from the evidentiary facts. Id. at 116.

Conclusion. For the reasons set forth above, the order allowing the juvenile’s motion to suppress is vacated, and the matter is remanded to the Juvenile Court for further factual findings, reconsideration of legal conclusions in light of the further findings, and other proceedings consistent with this opinion.

So ordered.

1Testimony at trial was that another detective also was present in the vehicle.

2

The last two paragraphs are taken from the section of the judge’s opinion labeled “Conclusions of Law.”

3

One of the detectives testified that he walked “[v]cry quickly” into the store behind the juvenile. The suggestion that the juvenile had his hand “near” his sock was made by defense counsel during cross-examination.

4

Because of our decision, we need not address the parties’ arguments concerning whether there was reasonable suspicion to stop the juvenile.

5

Given this conclusion, we need not address the juvenile’s argument that there was no error in the judge’s subsidiary findings.