basis of knowledge test in Massachusetts

2026"To establish that the transmitted information bears adequate indicia of reliability, the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test)." Id. at 155-156 , 6 citing Commonwealth v. Upton, 394 Mass. 363, 374-375 (1985).

2024"Under the Aguilar-Spinelli standard, if an affidavit is based on information from an unknown informant, the magistrate must 'be informed of (1) some of the underlying circumstances from which the informant concluded that the contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was "credible" or his information "reliable" (the veracity test).'" Commonwealth v. Upton, 394 Mass. 363, 374-375 (1985), quoting Aguilar v. Texas, 378 U.S. 108, 114 (1964).

2024To establish the reliability of information from a 911 caller, “the Commonwealth must show the basis of knowledge of the [911 caller] (the basis of knowledge test) and the underlying circumstances demonstrating that the [911 caller] was credible or the information reliable (veracity test).” Depiero, 473 Mass. at 454 (internal quotations omitted), applying the familiar formulation from Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969).

2024"Under the Aguilar-Spinelli standard, if an affidavit is based on information from an unknown informant, the magistrate must 'be informed of (1) some of the underlying circumstances from which the informant concluded that the contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was "credible" or his information "reliable" (the veracity test).'" Commonwealth v. Upton, 394 Mass. 363, 374-375 (1985), quoting Aguilar v. Texas, 378 U.S. 108, 114 (1964).

2024To establish the reliability of information from a 911 caller, “the Commonwealth must show the basis of knowledge of the [911 caller] (the basis of knowledge test) and the underlying circumstances demonstrating that the [911 caller] was credible or the information reliable (veracity test).” Depiero, 473 Mass. at 454 (internal quotations omitted), applying the familiar formulation from Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969).

2018See Aguilar v. Texas , 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) ; *481 Spinelli v. United States , 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). 3 "Where information from an unidentified informant is relied on to supply probable cause to search, art. 14 ... requires that the affidavit apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the i

2024See Commonwealth v. Allen, 406 Mass. 575, 578 (1990) ("First-hand receipt of information through personal observation satisfies the basis of knowledge prong of Aguilar- Spinelli").

2012See Commonwealth v. Allen, 406 Mass. 575, 578 (1990), citing Commonwealth v. Parapar, supra at 322 (“First-hand receipt of information through personal observation satisfies the basis of knowledge prong of Aguilar-Spinelli”).

2016“Independent police corroboration may make up for deficiencies in one or both of these factors.” Commonwealth v. Costa, 448 Mass. 510, 514-515 (2007), quoting Lyons, supra. As an initial matter, we conclude that the basis of knowledge test was satisfied as to the 911 caller, as “[a]n eyewitness’s report to police of [a] recent, firsthand observation satisfies the basis of knowledge prong.” Anderson, 461 Mass. at 622 , quoting Depina, 456 Mass. at 243 .

2009To establish that the transmitted information bears adequate indicia of reliability, the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test). . . . ‘Because the standard is reasonable suspicion rather than probable cause, a less rigorous showing in each of these areas is permissible.’ ” Commonwealth v. Lopes, 455 Mass. 147, 155-156 (2009), quoting from Commonwealth v. Lyons, supra at 19 .

2001Commonwealth v. Perez-Baez, 410 Mass. 43, 46 (1991).

1994This satisfies the basis of knowledge test, Commonwealth v. Perez-Baez, 410 Mass. 43, 45 (1991), and the defendant does not argue otherwise.

2026"To establish that the transmitted information bears adequate indicia of reliability, the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test)." Id. at 155-156 , 6 citing Commonwealth v. Upton, 394 Mass. 363, 374-375 (1985).

2026This information "more than satisfied both the basis of knowledge test and the veracity test." Lopes, 455 Mass. at 155 .

2018See Aguilar v. Texas , 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) ; *481 Spinelli v. United States , 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). 3 "Where information from an unidentified informant is relied on to supply probable cause to search, art. 14 ... requires that the affidavit apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the i

2018See Aguilar v. Texas , 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) ; *481 Spinelli v. United States , 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). 3 "Where information from an unidentified informant is relied on to supply probable cause to search, art. 14 ... requires that the affidavit apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the i

2019When police act on information from a private citizen, "the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test)." Commonwealth v. Depiero , 473 Mass. 450 , 454, 42 N.E.3d 1123 (2016), quoting *277 Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012).

2019When police act on information from a private citizen, "the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test)." Commonwealth v. Depiero , 473 Mass. 450 , 454, 42 N.E.3d 1123 (2016), quoting *277 Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012).

2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9

2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9

2012See Commonwealth v. Allen, 406 Mass. 575, 578 (1990), citing Commonwealth v. Parapar, supra at 322 (“First-hand receipt of information through personal observation satisfies the basis of knowledge prong of Aguilar-Spinelli”).

1994When an application for a warrant depends in significant part on information provided by a confidential informant, the affidavit must “apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the information reliable (the veracity test).” Id. at 88 , citing Commonwealth v. Upton, 394 Mass. 363, 375 (1985), and Commonwealth v. Parapar, 404 Mass. 319, 321 (1989).

2024To establish the reliability of information from a 911 caller, “the Commonwealth must show the basis of knowledge of the [911 caller] (the basis of knowledge test) and the underlying circumstances demonstrating that the [911 caller] was credible or the information reliable (veracity test).” Depiero, 473 Mass. at 454 (internal quotations omitted), applying the familiar formulation from Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969).

2019When police act on information from a private citizen, "the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test)." Commonwealth v. Depiero , 473 Mass. 450 , 454, 42 N.E.3d 1123 (2016), quoting *277 Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012).

2023"In general, the basis of knowledge prong is satisfied where the information provided springs from an informant's firsthand observations or knowledge." Commonwealth v. Arias, 481 Mass. 604, 618 (2019). "[I]n the absence of a statement detailing the manner in which the information was gathered, it is especially important that the tip describe the accused's criminal activity in sufficient detail that the magistrate may know that he is relying on something more substantial than a 3 casual rumor circulating in the underworld or an accusation based merely on an individual's general reputation." Com

2006This is sufficient to satisfy the basis of knowledge inquiry because the other informants were relying on the specific statements of a person, known to the police, who claimed she was the victim of a serious crime, something patently “more than a casual rumor or an individual’s general reputation.” See Commonwealth v. Robinson, 403 Mass. 163, 165 (1988).

2017Affidavits that rely on information obtained through a confidential informant must satisfy the two-pronged Aguilar - Spinelli test, which requires that the judge "be informed of (1) some of the underlying circumstances from which the informant concluded that the contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was 'credible' or his information 'reliable' (the veracity test)." Commonwealth v. Upton , 390 Mass. 562 , 566 (1983), quoting from Aguilar v. Texas , 378 U.S. 108 , 114

1998Rather, the Supreme Judicial Court, finding the “totality of circumstances” test to be “unacceptably shapeless and permissive,” Commonwealth v. Upton, 390 Mass. 562, 574 (1983) (Upton I), reversed on other grounds in Massachusetts v. Upton, 466 U.S. 727 , 104 S.Ct. 2085 (1984), required that both prongs of the AguilarSpinellitest be satisfied: the veracity test and the basis of knowledge test.

2017Commonwealth v. Montanez, 410 Mass. 290 , 299- 300 (1991).

2006See Commonwealth v. Montanez, 410 Mass. 290, 299-300 (1991) (satisfying the knowledge prong where informant saw and bought cocaine from the defendant).

2006Contrast Commonwealth v. Honneus, 390 Mass. 136, 141-142 (1983) (insufficient basis where no way to tell how initial source learned hearsay information); Commonwealth v. Reddington, 395 Mass. 315, 322 (1985) (no basis of knowledge where informant “had been told” by unknown source); Commonwealth v. Allen, 406 Mass. at 578 (no way to test reliability where informants based statements on “casual rumor” or “reputation”).

1999Contrast Commonwealth v. Reddington, 395 Mass. 315, 324 (1985) (mere repetition of rumor, with no independent police corroboration, does nothing to meet the basis of knowledge test). 3 Informant Three, who was present at the time cocaine was sold at Russell’s residence, passes the basis of knowledge test, but fails the veracity test. 4 See Commonwealth v. Desper , 419 Mass, at 166 (personal observation of criminal activity satisfies basis of knowledge test).

2017See Commonwealth v. Alvarez , 422 Mass. 198 , 205 (1996).

2003Commonwealth v. Alvarez, 422 Mass. 198, 205 (1996), quoting from Commonwealth v. Allen, 406 Mass. 575, 578 (1990) (“First-hand receipt of information through personal observation satisfies the basis of knowledge prong of Aguilar-Spinelli").

2006See Commonwealth v. Spano, 414 Mass. 178, 185 (1993); Commonwealth v. Carrasco, 405 Mass. 316, 321 (1989).

1993See Commonwealth v. Montanez, 410 Mass. 290, 300 (1991); Commonwealth v. Carrasco, 405 Mass. 316, 321 (1989); Commonwealth v. Ramos, 402 Mass. 209, 214 (1988); Commonwealth v. Reddington, supra at 322 .

2006See Commonwealth v. Spano, 414 Mass. 178, 185 (1993); Commonwealth v. Carrasco, 405 Mass. 316, 321 (1989).

1994Commonwealth v. Spano, 414 Mass. 178, 184-85 (1993), In the present case, Grassia attests to the fact that Teddy informed him and Cepero that he purchased the cocaine on August 3, 1993 inside 48 Essex Street in the first floor apartment and that it was broken from a much larger slab of cocaine which he observed.

2001In each affidavit, the information supplying the probable cause was provided by at least one confidential informant who (1) had purchased cocaine from the defendant, knew where the contraband was kept, and had made detailed observations demonstrating “special familiarity with the [defendant’s] affairs,” satisfying the basis of knowledge test, Commonwealth v. Bakoian, 412 Mass. 295, 301-302 (1992) (citation omitted), and (2) had previously provided information to police leading to the arrest, and related seizure of drugs, of named individuals, satisfying the veracity test.

1994As to the basis of knowledge test, nonobvious details must be provided which are not “easily obtainable by an uninformed bystander.” Commonwealth v. Bakoian, supra, at 301, quoting from Commonwealth v. Lyons, 409 Mass. 16, 21 (1990).

1993See Commonwealth v. Montanez, 410 Mass. 290, 300 (1991); Commonwealth v. Carrasco, 405 Mass. 316, 321 (1989); Commonwealth v. Ramos, 402 Mass. 209, 214 (1988); Commonwealth v. Reddington, supra at 322 .

1990See Common wealth v. Ramos, supra at 214 ; Commonwealth v. Borges, 395 Mass. 788, 795 (1985).

1990See Common wealth v. Ramos, supra at 214 ; Commonwealth v. Borges, 395 Mass. 788, 795 (1985).

1988Since it is clear that observation of the contraband inside the defendant’s apartment satisfies the basis of knowledge test, see Commonwealth v. Borges, 395 Mass. 788, 795 (1985), we need only discuss possible deficiencies in the veracity prong.

2009See Commonwealth v. Riggieri, supra at 616-617 (dispatch based on information provided by cellular telephone caller who was off-duty reserve police officer whom police dispatcher reasonably could have found to be reliable); Commonwealth v. White, 422 Mass. 487, 496-497 (1996) (radio broadcast based on police interviews with witnesses at scene of crime found to be reliable); Commonwealth v. Bowden, 379 Mass. 472, 477 (1980) (percipient witnesses regarded as reliable); Commonwealth v. Riggins, 366 Mass. 81, 85 (1974) (radio broadcast based on information given to police officer by acting manager

2003“In this case, there is no issue as to the ‘basis of knowledge’ prong, as the source of the tip was a citizen witness who obtained his information through personal observation.” Id. at 232 .

1994Therefore, “[t]he close question here is whether, under standards developed by our cases, the information in the tip, corroborated by independent police work, was sufficiently detailed to show that it was based on ‘something more substantial than a casual rumor circulating in the underworld or an accusation based merely on an individual’s general reputation.’ ” Commonwealth v. Brown, 31 Mass. App. Ct. 574, 577 (1991), quoting from Commonwealth v. Robinson, 403 Mass. at 165 .

1994The motion judge concluded that although the informant “provided no details regarding the defendant’s alleged criminal behavior . . . [t]he detailed information the [informant] gave regarding the appearance of the defendant, the precision of the information regarding the time and place of the buy, along with the limited but significant police corroboration . . ., combine to satisfy the basis of knowledge test.” Were we to rely solely on the detail of the tip and its corroboration, we would be constrained to disagree with the motion judge on the authority of Commonwealth v. Brown, 31 Mass. App.

2023See Tapia, 463 Mass. at 729 ("First-hand receipt of information through personal observation satisfies the basis of knowledge prong . . ." [citation omitted]). 20 The defendant also contends that the Commonwealth failed to satisfy the veracity prong of the Aguilar-Spinelli test.

2023"In general, the basis of knowledge prong is satisfied where the information provided springs from an informant's firsthand observations or knowledge." Commonwealth v. Arias, 481 Mass. 604, 618 (2019). "[I]n the absence of a statement detailing the manner in which the information was gathered, it is especially important that the tip describe the accused's criminal activity in sufficient detail that the magistrate may know that he is relying on something more substantial than a 3 casual rumor circulating in the underworld or an accusation based merely on an individual's general reputation." Com