investigative inquiry in Massachusetts

1987It may be, as the Commonwealth suggests, that the initial search can be justified as a limited protective search incident to an investigative inquiry, see Commonwealth v. Almeida, 373 Mass. 266, 271-273 (1977), but the point need not be decided.

1979See Adams v. Williams, 407 U.S. 143, 145-146 (1972); Commonwealth v. Wilson, 360 Mass. 557, 559-560 (1971); Commonwealth v. Riggins, 366 Mass. 81, 86 (1974); Commonwealth v. Silva, 366 Mass. 402, 405-406 (1974); Commonwealth v. Ling, 370 Mass. 1180 , 1183-1184 (1976); Commonwealth v. Almeida, 373 Mass. 266, 270-272 (1977).

1981L. c. 21, § 6A and 6B, as most recently amended by St. 1975, c. 706, §§51 and 52. 4 A natural resources officer has the right to make an investigative inquiry “where suspicious conduct gives the officer reason to suspect that a person has committed, is committing, or is about to commit a crime.” Commonwealth v. Silva, 366 Mass. 402, 405 (1974).

1979See Adams v. Williams, 407 U.S. 143, 145-146 (1972); Commonwealth v. Wilson, 360 Mass. 557, 559-560 (1971); Commonwealth v. Riggins, 366 Mass. 81, 86 (1974); Commonwealth v. Silva, 366 Mass. 402, 405-406 (1974); Commonwealth v. Ling, 370 Mass. 1180 , 1183-1184 (1976); Commonwealth v. Almeida, 373 Mass. 266, 270-272 (1977).

1981To justify an investigative inquiry the officer “must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” 392 U.S. at 21 .

1979The revolver was observed by a police officer in plain view and was seized by him during a threshold investigative inquiry which the officer was reasonably warranted in making, based as it was upon reasonable suspicion grounded in "specific and articulable facts.” Terry v. Ohio, 392 U.S. 1, 21 (1967).

1981Commonwealth v. Riggins, 366 Mass. 81, 86 (1974).

1979"If it is reasonable in the circumstances, law enforcement officers are entitled to stop a person to conduct an investigative inquiry, even if those circumstances do not present probable cause to make an arrest or to conduct a general search.” Commonwealth v. Riggins, supra at 86 .

2017See Commonwealth v. Alcala, 54 Mass. App. Ct. 49, 54 (2002) (no custody where “[a]lthough some ten to fifteen local, State, and Federal police and other officers were in the general vicinity, and perhaps six or seven ‘ converge [d]’ on the three men at the building, no more than two officers were with the defendant when he was interrogated”).

2017See Commonwealth v. Lavendier, 79 Mass. App. Ct. 501, 505-506 (2011).

2015See Commonwealth v. McDermott, 448 Mass. 750, 766 , cert. denied, 552 U.S. 910 (2007).

2015See Commonwealth v. McDermott, 448 Mass. 750, 766 , cert. denied, 552 U.S. 910 (2007).

2004See Commonwealth v. Lantigua, 38 Mass. App. Ct. 526, 528 (1995) ( Terry search of automobile must be premised on reasonable concern for safety).

2004See Commonwealth v. Lantigua, 38 Mass. App. Ct. 526, 528 (1995) (Terry search of automobile must be premised on reasonable concern for safety).

2000Cf. Commonwealth v. Alvarado, 427 Mass. 277, 281-284 (1998) (police officers were warranted in stopping a motor vehicle for an investigative inquiry where a disinterested citizen had reported that a front seat passenger in the vehicle had an apparent sawed-off shotgun in his possession, which by itself posed an imminent threat to public safety).

2000See Commonwealth v. Stawarz, 32 Mass. App. Ct. 211, 213 (1992) (reasonable suspicion for stop where police observed vehicle about an hour after and one and one-half miles from the place where a similarly described vehicle was reported stolen).

1998See Commonwealth v. Willis, 415 Mass. 814, 819-820 (1993).

1996Commonwealth v. Owens, 414 Mass. 595, 599 (1993), quoting Commonwealth v. Moses, 408 Mass. 136, 140 (1990).

1996Commonwealth v. Owens, 414 Mass. 595, 599 (1993), quoting Commonwealth v. Moses, 408 Mass. 136, 140 (1990).

1993While a police officer’s powers to execute an arrest warrant are State-wide, Commonwealth v. Kerr, 409 Mass. 284, 286 (1991), citing Commonwealth v. Martin, 98 Mass. 4 (1867), the power to arrest without a warrant is limited to the officer’s governmental unit unless he is in fresh and continued pursuit.

1979See Adams v. Williams, 407 U.S. 143, 145-146 (1972); Commonwealth v. Wilson, 360 Mass. 557, 559-560 (1971); Commonwealth v. Riggins, 366 Mass. 81, 86 (1974); Commonwealth v. Silva, 366 Mass. 402, 405-406 (1974); Commonwealth v. Ling, 370 Mass. 1180 , 1183-1184 (1976); Commonwealth v. Almeida, 373 Mass. 266, 270-272 (1977).

1979The 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.

1979See Adams v. Williams, 407 U.S. 143, 145-146 (1972); Commonwealth v. Wilson, 360 Mass. 557, 559-560 (1971); Commonwealth v. Riggins, 366 Mass. 81, 86 (1974); Commonwealth v. Silva, 366 Mass. 402, 405-406 (1974); Commonwealth v. Ling, 370 Mass. 1180 , 1183-1184 (1976); Commonwealth v. Almeida, 373 Mass. 266, 270-272 (1977).

1979The 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.

1979The 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.