Commonwealth v. Robinson, 526 N.E.2d 778 (Mass. 1988). · Go Syfert
Commonwealth v. Robinson, 526 N.E.2d 778 (Mass. 1988). Cases Citing This Book View Copy Cite
“the informant's past record of supplying credible information satisfies the reliability prong”
64 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Commonwealth v. Luna (massappct, 2017-12-05)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (verbatim quote) Commonwealth v. Luna
Mass. App. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
the informant's past record of supplying credible information satisfies the reliability prong
cited Cited as authority (rule) Commonwealth v. Marcus D. Anding
Mass. App. Ct. · 2024 · confidence medium
The CI's personal observations here distinguished this tip from "a casual rumor circulating in the underworld." Commonwealth v. Robinson, 403 Mass. 163, 165 (1988). 2.
discussed Cited as authority (rule) Commonwealth v. Kevin Smyth.
Mass. App. Ct. · 2023 · confidence medium
"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…
discussed Cited as authority (rule) Commonwealth v. Jordan
Mass. Super. Ct. · 2015 · confidence medium
Ruiz tried to tie all of this evidence about Jordan and his vehicle to Lee’s murder through the confidential informant’s tip that “Michael” had killed Lee because of a dispute over “drug dealing in the park.” In order for this information from the C.I. to be given any weight, the affidavit must “demonstrate (1) some underlying circumstances from which the law enforcement officials could have concluded that the information was reliable (the veracity test); and (2) some underlying circumstances which demonstrate a basis of the informant’s knowledge (basis of knowledge test).” C…
discussed Cited as authority (rule) Commonwealth v. Escalera
Mass. · 2012 · confidence medium
Specifically, “the Commonwealth must demonstrate some of the underlying circumstances from which (a) the informant gleaned his information (the ‘basis of knowledge’ test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the ‘veracity’ test).” Commonwealth v. Cast, 407 Mass. 891, 896 (1990), quoting Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
discussed Cited as authority (rule) Commonwealth v. Zorn
Mass. App. Ct. · 2006 · confidence medium
This 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).
cited Cited as authority (rule) Commonwealth v. Corniel
Mass. Super. Ct. · 2005 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 166 (1988).
discussed Cited as authority (rule) Commonwealth v. Alfonso A.
Mass. · 2003 · confidence medium
See Commonwealth v. Welch, 420 Mass. 646, 651-652 (1995) (level of detail permits inference that informant “had direct knowledge”); Commonwealth v. Robinson, 403 Mass. 163, 165 (1988), quoting Spinelli v. United States, supra at 416 (“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 casual rumor circulating in the underworld or an accusation based merely on an individual’s general reputation”).
discussed Cited as authority (rule) Commonwealth v. Cruz
Mass. App. Ct. · 2001 · confidence medium
In Commonwealth v. Cast, supra, the judge had erroneously determined that an informant’s tip, on which the police relied for probable cause to arrest and search the defendant, possessed veracity (under the “basis of knowledge” and “veracity” tests established for informant cases by the Supreme Court of the United States, see Commonwealth v. Robinson, 403 Mass. 163, 164-166 [1988]) by containing a statement against penal interest; the error was, however, inconsequential because other facts found by the judge established the requisite veracity.
cited Cited as authority (rule) Commonwealth v. Cruz
Mass. App. Ct. · 2001 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 165-166 (1988).
discussed Cited as authority (rule) Commonwealth v. Hill
Mass. App. Ct. · 2001 · confidence medium
Despite the lack of detail and precision in the tip, contrast Commonwealth v. Robinson, 403 Mass. 163, 166 (1988); Commonwealth v. Cast, 407 Mass. 891, 892 (1990); Commonwealth v. Welch, 420 Mass. 646, 651-652 (1995), we accept the judge’s conclusion that, because the informant allegedly saw and was present when Hill and/or Hightower took drug orders in the apartment, the informant demonstrated an adequate “basis of knowledge,” so that the first prong of the Aguilar/Spinelli formula was satisfied.
examined Cited as authority (rule) Commonwealth v. Va Meng Joe (3×) also: Cited "see"
Mass. App. Ct. · 1996 · confidence medium
That is the test for measuring the validity of a search and seizure pursuant to a warrant, Commonwealth v. Upton, 394 Mass. 363, 370, 374-375 (1985), or an arrest, Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988), based upon such a tip.
cited Cited as authority (rule) Commonwealth v. Garner
Mass. Super. Ct. · 1996 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 166 (1988).
discussed Cited as authority (rule) Commonwealth v. Welch (2×) also: Cited "see"
Mass. · 1995 · confidence medium
In relying on this type of confidential information, we have said that the tip must come not only from a credible person, but the informant “must be shown to be relying on something more than a casual rumor or an individual’s general reputation.” Commonwealth v. Robinson, 403 Mass. 163, 165 (1988), quoting Commonwealth v. Avery, 365 Mass. 59, 63 (1974).
discussed Cited as authority (rule) Commonwealth v. Avalo
Mass. App. Ct. · 1994 · confidence medium
The Commonwealth must “demonstrate (1) some underlying circumstances from which the law enforcement officials could have concluded that the information was reliable (the veracity test); and (2) some underlying circumstances which demonstrate a basis of the informant’s knowledge (basis of knowledge test).” Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
cited Cited as authority (rule) Commonwealth v. Hoar
Mass. Super. Ct. · 1994 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 164-65 (1988); Commonwealth v. Upton, 394 Mass. at 375 .
cited Cited as authority (rule) Commonwealth v. Luce
Mass. App. Ct. · 1993 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 166 (1988) .
discussed Cited as authority (rule) Commonwealth v. Triantafillakos
Mass. App. Ct. · 1992 · confidence medium
The case is, therefore, governed by Draper v. United States, 358 U.S. 307, 309 (1959); Commonwealth v. Robinson, 403 Mass. 163, 166 (1988); Commonwealth v. Santana, 403 Mass. 167, 171 (1988); Commonwealth v. Gonzalez, 403 Mass. 172, 175 (1988); and Commonwealth v. Cast, 407 Mass. 891, 897-898 (1990).
discussed Cited as authority (rule) Commonwealth v. Mebane (2×) also: Cited "see"
Mass. App. Ct. · 1992 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
cited Cited as authority (rule) Commonwealth v. Bakoian
Mass. · 1992 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 166 (1988).
discussed Cited as authority (rule) Commonwealth v. Ramon
Mass. App. Ct. · 1992 · confidence medium
We are unable to determine, therefore, whether he based his tip on personal knowledge or on “a casual rumor circulating in the underworld or an accusation based merely on an individual’s general reputation.” Commonwealth v. Robinson, 403 Mass. 163, 165 (1988).
cited Cited as authority (rule) Commonwealth v. Brown
Mass. App. Ct. · 1991 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 164 (1988).
discussed Cited as authority (rule) State v. Goyette
Vt. · 1991 · confidence medium
LaFave, supra, note 2, § 3.3(a), at 618; e.g., United States v. Young, 567 F.2d 799,802 (8th Cir. 1977) (probable cause for warrantless search existed where police had received tip that on certain day a rental truck escorted by a particular car and passenger would be carrying stolen merchandise across state line, and truck took unusual route at night to arrive at destination), cert. denied, 434 U.S. 1079 (1978); Commonwealth v. Robinson, 403 Mass. 163, 166 , 526 N.E.2d 778, 780 (1988) (where police corroborated information describing the defendant’s appearance and predicting the defendant�…
cited Cited as authority (rule) Commonwealth v. Farinon
Mass. App. Ct. · 1990 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
examined Cited as authority (rule) Commonwealth v. Cast (3×) also: Cited "see"
Mass. · 1990 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
discussed Cited as authority (rule) Commonwealth v. Parapar
Mass. · 1989 · confidence medium
Commonwealth v. Robinson, 403 Mass. 163, 166 (1988) (stating that independent police corroboration can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli test).
discussed Cited as authority (rule) Commonwealth v. Amendola
Mass. App. Ct. · 1988 · confidence medium
We are, of course, mindful that, with respect to the sufficiency of informants’ tips to generate probable cause, the Supreme Judicial Court has stated that “independent police corroboration can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli test.” Commonwealth v. Robinson, 403 Mass. 163, 166 (1988), and cases cited.
discussed Cited "see" Commonwealth v. Ferreira (2×)
Mass. · 2019 · signal: see · confidence high
See Commonwealth v. Robinson , 403 Mass. 163 , 166, 526 N.E.2d 778 (1988).
discussed Cited "see" Commonwealth v. Figueroa
Mass. App. Ct. · 2009 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988) (two-prong test of veracity and basis of knowledge necessary to establish probable cause under art. 14 of Massachusetts Declaration of Rights).
cited Cited "see" Commonwealth v. Rosario
Mass. App. Ct. · 2002 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 166 (1988); Commonwealth v. Welch, 420 Mass. 646, 652 (1995).
cited Cited "see" Commonwealth v. Va Meng Joe
Mass. · 1997 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988).
cited Cited "see" Commonwealth v. Paredes
Mass. App. Ct. · 1993 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 166 (1988).
cited Cited "see" Commonwealth v. Fernandes
Mass. App. Ct. · 1991 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 166 (1988); Commonwealth v. Kiley, 11 Mass. App. Ct. 939, 940 (1981).
cited Cited "see" Commonwealth v. Shea
Mass. App. Ct. · 1989 · signal: see · confidence high
See Commonwealth v. Robinson, 403 Mass. 163, 165 (1988); Commonwealth v. Santana, 403 Mass. 167, 170 (1988); Commonwealth v. Brzezinski, 405 Mass. 401 , 403 n.2, 406 (1989).
discussed Cited "see, e.g." Commonwealth v. Eggleston
Mass. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Commonwealth v. Robinson, 403 Mass. 163, 164-165 (1988) (two-prong test of veracity and basis of knowledge necessary to establish probable cause under art. 14).
discussed Cited "see, e.g." Commonwealth v. Singer
Mass. App. Ct. · 1991 · signal: see also · confidence medium
See also Commonwealth v. Robinson, 403 Mass. 163, 164, 165 (1988) (twenty-five arrests and fifteen -convictions); Commonwealth v. Santana, 403 Mass. 167, 168, 170 (1988) (thirty tips from same informant).
discussed Cited "see, e.g." Commonwealth v. Lyons (2×)
Mass. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Commonwealth v. Robinson, 403 Mass. 163, 166 (1988); Commonwealth v. Santana, 403 Mass. 167, 170-171 (1988); Commonwealth v. Gonzalez, 403 Mass. 172, 174-175 (1988); Commonwealth v. Farrow, 403 Mass. 176, 177-178 (1988); Commonwealth v. Spence, 403 Mass. 179, 181 (1988).
Commonwealth vs. Pierre A. Robinson
Massachusetts Supreme Judicial Court.
Aug 4, 1988.
526 N.E.2d 778
The case was submitted on briefs., Newman Flanagan, District Attorney, Kevin J. Ross & Lynn M. Beland, Assistant District Attorneys, for the Commonwealth., Stephen Hrones for the defendant.
Hennessey, Wilkins, Liacos, Abrams, Nolan, Lynch, O'Connor.
Cited by 42 opinions  |  Published
Abrams, J.

At issue is the correctness of an order allowing the defendant’s motion to suppress evidence seized from the defendant’s person. The Commonwealth applied to a single justice for leave to appeal. See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884 (1979). The single justice allowed the Commonwealth’s application and transferred the case to this court. We reverse the order allowing the defendant’s motion to suppress.

[*164] We summarize the facts as found by the motion judge. At approximately 4 a.m. , on September 5,1986, Detective Robert Tully, of the Boston police department’s drug control unit, received a telephone call at his home from an informant. On previous occasions, this informant had supplied Tully with information that had led to approximately twenty-five arrests and fifteen convictions in connection with cocaine and heroin trafficking. The informant told Tully that a twenty-year-old black male would be arriving at the Greyhound bus station at about 5 or 5:30 a.m., [1] on the bus from New York City and that the man would be carrying a large amount of cocaine. The informant described the man as being approximately six feet tall and wearing a black windbreaker with a white stripe, dark pants, and a black T-shirt with an anti-drug slogan printed on it. Tully telephoned his superior officer and his partner and then proceeded to the bus station.

The bus from New York was late arriving in Boston. When it did arrive, Tully and his partner observed the defendant, who fit the informant’s description, disembark from the bus, walk through the terminal, and hail a taxicab on the street. As the defendant opened the taxicab door, the police officers placed him under arrest. A search of the defendant’s person uncovered 148 vials containing “crack” cocaine, two bags of rock cocaine, and 400 empty vials. With these facts in mind, we turn to the Commonwealth’s contention that the motion judge erroneously granted the defendant’s motion to suppress the seized evidence.

To comport with art. 14 of the Massachusetts Declaration of Rights, an arrest and search executed in response to an informant’s tip must meet the two-pronged standard of probable cause set forth in Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969). We require the Commonwealth to demonstrate (1) some underlying cir[*165] cumstances from which the law enforcement officials could have concluded that the information was reliable (the veracity test); and (2) some underlying circumstances which demonstrate a basis of the informant’s knowledge (basis of knowledge test). Commonwealth v. Bottari, 395 Mass. 777, 783 (1985). Commonwealth v. Borges, 395 Mass. 788, 794 (1985). Commonwealth v. Upton, 394 Mass. 363, 375 (1985) (Upton II). “These are vital, not merely perfunctory requirements. To justify the intrusion of an arrest and search, the tip must not only come from a credible person, but he must be shown to be relying on something more than a casual rumor or an individual’s general reputation.” Commonwealth v. Avery, 365 Mass. 59, 63 (1974).

We first address the reliability prong of the Aguilar-Spinelli test, and in so doing, we conclude, as did the judge below, that the informant’s reliability was established sufficiently to provide the police with probable cause for the arrest and search. The.motion judge found that, on prior occasions, the informant had provided accurate information which had resulted in twenty-five arrests and fifteen convictions of individuals engaged in narcotics trafficking. The informant’s past record of supplying credible information satisfies the reliability prong of the Aguilar-Spinelli test. See Commonwealth v. Avery, supra (informant’s reliability established by six prior occasions to arrest); Commonwealth v. Vynorius, 369 Mass. 17, 21 (1975) (informant’s reliability established by one prior occasion on which informant successfully had assisted police investigation).

Addressing the second prong of the Aguilar-Spinelli test, we agree with the motion judge that the informant failed to provide information which would have established the basis of his knowledge of the defendant’s drug possession. However, “[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 casual rumor circulating in the underworld or an accusation based merely on an individual’s general reputation. The detail provided by the informant in[*166] Draper v. United States, 358 U.S. 307 (1959), provides a suitable benchmark.” Spinelli v. United States, 393 U.S. 410, 416 (1969). Relying on Spinelli, we have stated that independent police corroboration can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli test. Upton II, supra at 376. Bottari, supra at 783. Commonwealth v. Upton, 390 Mass. 562, 571 (1983) (Upton I). Vynorius, supra at 20. Commonwealth v. Kane, 362 Mass. 656,659 (1972). Commonwealth v. Stevens, 362 Mass. 24, 27-28 (1972). We “give continued credibility to the Draper principle, because that approach, carefully applied, is both in the public interest, and consistent with the spirit of Aguilar-Spinelli.” Borges, supra at 798 (Hennessey, C.J., concurring).

We conclude that the facts in this case compare favorably with the facts in Draper, and that there was sufficient independent police corroboration of the details of the informant’s tip to satisfy the Aguilar-Spinelli inquiry. In Draper, the informant described the defendant as a black male, approximately twenty-seven years old, about five feet eight inches tall, weighing approximately 160 pounds. The informant accurately described the defendant’s clothing and stated that he would be carrying a tan colored bag. The informant accurately predicted the train on which the defendant arrived and his fast pace. See id. at 313. In this case, the informant accurately described the defendant’s approximate age and height, as well as the details of his clothing. The informant also predicted the defendant’s arrival time and place. [2] Accordingly, the order suppressing the evidence is reversed and the case is remanded for trial.

So ordered.

1

Although the judge found that the bus was scheduled to arrive between 5 and 5:30 a.m., Detective Tully testified that the bus was scheduled to arrive at the terminal at 5:40 a.m. Tully stated that he arrived at the bus station between 5 and 5:30 a.m. and that the bus arrived twenty minutes late at 6 a.m. This discrepancy is of no consequence to this appeal.

2

This case is distinguishable from Commonwealth v. Borges, supra, because in this case, the informant described not only the defendant’s physical appearance, but also his expected behavior, that is, his arrival in Boston on a particular bus from a particular point of departure. In Borges, the informant described only the defendant’s physical appearance, and although she had recently been present with the defendant at a particular location, she did not state whether the defendant still could be found there. Indeed, the defendant’s whereabouts were determined by a police officer who had seen the defendant five minutes before his arrest. Thus, the informant’s tip in Borges did not indicate to police any expected behavior. See Borges, supra at 789.