Commonwealth v. Fraser, 573 N.E.2d 979 (Mass. 1991). · Go Syfert
Commonwealth v. Fraser, 573 N.E.2d 979 (Mass. 1991). Cases Citing This Book View Copy Cite
247 citation events (155 in the last 25 years) across 9 distinct courts.
Strongest positive: Commonwealth v. Shane S., a juvenile (massappct, 2017-09-27)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Commonwealth v. Shane S., a juvenile
Mass. App. Ct. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief
discussed Cited as authority (verbatim quote) Commonwealth v. Wright
Mass. App. Ct. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief
discussed Cited as authority (verbatim quote) Commonwealth v. Feyenord
Mass. · 2005 · quote attribution · 1 verbatim quote · confidence high
a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief
examined Cited as authority (verbatim quote) Commonwealth v. Christopher C. Moore
Mass. App. Ct. · 1992 · quote attribution · 1 verbatim quote · confidence high
the police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away
discussed Cited as authority (quoted) Commonwealth v. Vollmer
Mass. App. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief
discussed Cited as authority (quoted) Commonwealth v. Gonsalves
Mass. · 1999 · quote attribution · 1 verbatim quote · confidence low
a protective frisk of a suspect under the principles of terry may be warranted where there is 'some legitimate basis for the officer being in immediate proximity to the person
cited Cited as authority (rule) Commonwealth v. Dasahn Crowder
Mass. · 2025 · confidence medium
See Sweeting-Bailey, 488 Mass. at 745, 748; Commonwealth v. Fraser, 410 Mass. 541, 545 (1991); Almeida, 373 Mass. at 271-272 .
discussed Cited as authority (rule) Commonwealth v. Xavie X.
Mass. App. Ct. · 2024 · confidence medium
We disagree with the juvenile's contention that Trooper Best's conversation in the parking garage constituted a seizure. 2 "[P]olice do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away." Commonwealth v. Fraser, 410 Mass. 541, 544 (1991).
discussed Cited as authority (rule) Commonwealth v. Kenneth Flohr.
Mass. App. Ct. · 2024 · confidence medium
Commonwealth v. DePeiza, 449 Mass. 367, 371 (2007). "[A] combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief."1 Commonwealth v. Phillips, 452 Mass. 617, 626 (2008), quoting Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
discussed Cited as authority (rule) COMMONWEALTH v. D.M.
Mass. App. Ct. · 2021 · confidence medium
Commonwealth v. Fraser, 410 Mass. 541, 545 (1991), quoting United States v. Cortez, 449 U.S. 411, 417 (1981). [Note 12] Officer Conley testified that Norwood was standing approximately fifty feet away from the location of the barbershop.
cited Cited as authority (rule) Commonwealth v. Meneus
Mass. · 2017 · confidence medium
Commonwealth v. Feyenord, 445 Mass. 72, 77 (2005), cert. denied, 546 U.S. 1187 (2006), quoting Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
cited Cited as authority (rule) Commonwealth v. Warren
Mass. · 2016 · confidence medium
Commonwealth v. Feyenord, 445 Mass. 72, 77 (2005), cert. denied, 546 U.S. 1187 (2006), quoting Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
cited Cited as authority (rule) Commonwealth v. Keene
Mass. App. Ct. · 2016 · confidence medium
"Of course, this requirement is equally applicable where information is transmitted between officers by radio rather than by a wanted flier . . ." Commonwealth v. Fraser, 410 Mass. 541, 546 (1991).
cited Cited as authority (rule) Commonwealth v. Evans
Mass. App. Ct. · 2015 · confidence medium
The fact that Officer Dodd subsequently directed the defendant to take his hands out of his pockets did not itself effect a seizure of him. 7 See Commonwealth v. Fraser, 410 Mass. 541, 543 (1991).
cited Cited as authority (rule) Commonwealth v. Damelio
Mass. App. Ct. · 2012 · confidence medium
Commonwealth v. Fraser, 410 Mass. 541, 543-544 (1991).
discussed Cited as authority (rule) Commonwealth v. Narcisse
Mass. · 2010 · confidence medium
Contrast DePeiza, supra at 371 (defendant walked in manner suggesting he was carrying gun and proceeded to shield his side from officers’ view); Fraser, supra at 542 (defendant bent down as if to pick something up and refused to remove hands from pockets).
cited Cited as authority (rule) Commonwealth v. Martin
Mass. · 2010 · confidence medium
Contrast Fraser, supra at 545 (police had received radio call describing man with gun).
discussed Cited as authority (rule) Commonwealth v. Mathis
Mass. App. Ct. · 2010 · confidence medium
It is overly formalistic to conclude as a matter of law, as the majority does, that a reasonable person in the defendant’s circumstances would have believed he was “free to turn his back on his interrogator and walk away,” Commonwealth v. Fraser, 410 Mass. 541, 544 (1991), simply because his identification had been returned to him in the middle of an ongoing over-reaching police interrogation.
examined Cited as authority (rule) Commonwealth v. Johnson (3×) also: Cited "see"
Mass. · 2009 · signal: cf. · confidence medium
Cf., e.g., Commonwealth v. Fraser, 410 Mass. 541, 542-547 (1991).
discussed Cited as authority (rule) Commonwealth v. Watts
Mass. App. Ct. · 2009 · confidence medium
While the judge is correct that cigars and dryer sheets are commonly used for lawful purposes, it is also true that “a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief.” Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
discussed Cited as authority (rule) Commonwealth v. Lyles
Mass. · 2009 · confidence medium
We have stated that a person has been “seized” by a police officer “if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Commonwealth v. Borges, 395 Mass. 788, 791 (1985), quoting United States v. Mendenhall, 446 U.S. 544, 554 (1980) (officer’s request that defendant remove shoes constituted seizure within meaning of art. 14 of Massachusetts Declaration of Rights). “[T]he police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidatin…
discussed Cited as authority (rule) Commonwealth v. Martin (2×) also: Cited "see"
Mass. App. Ct. · 2009 · confidence medium
The Supreme Judicial Court has recognized that “the police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away.” Commonwealth v. Fraser, 410 Mass. 541, 544 (1991).
discussed Cited as authority (rule) Commonwealth v. Jackson
Mass. App. Ct. · 2008 · confidence medium
Thus, the real issue before us is whether Almeida’s frisk of the defendant was justified by a reasonable belief that the defendant was armed and dangerous. 3 ****8 See Terry v. Ohio, 392 U.S. 1, 27 (1968); Commonwealth v. Fraser, 410 Mass. 541, 544 (1991); Commonwealth v. DePeiza , 449 Mass, at 374.
discussed Cited as authority (rule) Commonwealth v. Phillips
Mass. · 2008 · confidence medium
Commonwealth v. Williams, 422 Mass. 111, 116 (1996). “[A] combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief.” Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
discussed Cited as authority (rule) Commonwealth v. Santiago
Mass. · 2008 · confidence medium
See Commonwealth v. Ortega, 441 Mass. 170, 176 (2004) (facts in affidavit must be examined “together, rather than in isolation”); Commonwealth v. Fisher, 54 Mass. App. Ct. 41, 44 (2002), quoting Commonwealth v. Fraser, 410 Mass. 541, 545 (1991) (factors “innocent of themselves,” when combined may amount to probable cause).
discussed Cited as authority (rule) Commonwealth v. Werner (2×) also: Cited "see, e.g."
Mass. App. Ct. · 2008 · confidence medium
The defendant argues that the police effectively seized him, i.e., stopped him, without reasonable suspicion before he reached for his waist because the blue lights of the police cruiser were visibly flashing at him through the windows and because Officer Conley had narrowed his focus and questioning to him. “[T]he police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away.” Commonwealth v. Fraser, 410 Mass. 541, 54…
discussed Cited as authority (rule) Commonwealth v. Knowles
Mass. · 2008 · signal: cf. · confidence medium
Cf. Commonwealth v. Fraser, supra at 545-546 (defendant’s refusal of request to remove hands from pockets factor in justifying protective frisk).
discussed Cited as authority (rule) Commonwealth v. Isaiah I. (2×) also: Cited "see"
Mass. · 2008 · confidence medium
Commonwealth v. Fraser, 410 Mass. 541, 545 (1991) (these factors — encounter occurred in “high crime area,” radio call describing man with gun, defendant was “ben[t] down behind the truck ‘as though to pick something up,’ ” and defendant kept his hands in his pockets — were sufficient to justify pat-down).
discussed Cited as authority (rule) Commonwealth v. DePeiza (2×) also: Cited "see"
Mass. · 2007 · confidence medium
See, e.g., Commonwealth v. Thomas, 429 Mass. 403, 406 (1999) (no seizure where officer asked questions without show of authority); Commonwealth v. Fraser, 410 Mass. 541, 544 (1991) (no seizure where officer’s request that defendant remove hands from pocket “was not sufficiently coercive or intimidating”); Commonwealth v. Gunther G., 45 Mass. App. Ct. 116, 118 (1998) (no seizure in absence of “intimidating or assertive conduct”).
discussed Cited as authority (rule) Commonwealth v. Sykes
Mass. · 2007 · confidence medium
A person has been “seized” by a police officer, “if, in view of all of the circum stances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Commonwealth v. Borges, 395 Mass. 788, 791 (1985), quoting United States v. Mendenhall, 446 U.S. 544, 554 (1980). “[N]ot every encounter between a law enforcement official and a member of the public constitutes an intrusion of constitutional dimensions requiring justification.” Commonwealth v. Stoute, 422 Mass. 782, 789 (1996). “[T]he police do not effect a seizure merely by asking questions unl…
discussed Cited as authority (rule) Commonwealth v. Hernandez
Mass. · 2007 · confidence medium
See Commonwealth v. Watson, 430 Mass. 725, 729 (2000) (“seemingly innocent activities taken together can give rise to reasonable suspicion justifying a threshold inquiry”); Commonwealth v. Fraser, 410 Mass. 541, 545 (1991) (combination of innocent factors, taken together, may amount to reasonable belief).
discussed Cited as authority (rule) Commonwealth v. Martinez (2×) also: Cited "see"
Mass. Super. Ct. · 2007 · confidence medium
Commonwealth v. Santiago, 30 Mass.App.Ct. 207, 210-11 , furth. app. rev. den., 409 Mass. 1105 (1991) (weapons search was authorized when an erratically driven car stopped, both doors flew open and the suspects leaped from their car as police approached); Rivera, 33 Mass.App.Ct. at 315 (suspect bent forward as if putting something on the floor of the automobile); Commonwealth v. Fraser, 410 Mass. 541, 546 (1991) (suspect refused to remove his hands from his pockets).
examined Cited as authority (rule) Commonwealth v. DePeiza (5×) also: Cited "see", Cited "see, e.g."
Mass. App. Ct. · 2006 · confidence medium
Although the circumstances before us present a close case, our analysis must “take into account ‘the totality of the circumstances — the whole picture.’ Thus, a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief.” Commonwealth v. Fraser, 410 Mass. 541, 545 (1991), quoting from United States v. Cortez, 449 U.S. 411, 417 (1981).
discussed Cited as authority (rule) Commonwealth v. Ancrum
Mass. App. Ct. · 2006 · signal: cf. · confidence medium
Cf. Commonwealth v. Fraser, 410 Mass. 541, 546 (1991) (“When all the facts are taken together,” officer was justified in conducting a protective frisk); Commonwealth v. Mercado, 422 Mass. at 369-371 (stop and frisk justified based on information officer received and the officer’s own observations).
discussed Cited as authority (rule) Commonwealth v. Comita
Mass. · 2004 · confidence medium
See Commonwealth v. Cheek, 413 Mass. 492, 494-497 (1992) (where pohce rely on radio buhetin as basis for warrantless stop, Commonwealth must show that informant providing tip was rehable); Commonwealth v. Fraser, 410 Mass. 541, 546 (1991) (pohce radio buhetin alone would not justify search but with other factors may constitute reasonable suspicion); Commonwealth v. Lyons, supra at 20-22 (stop based on anonymous informant’s tip improper where informant’s reliability and basis of knowledge not established); Commonwealth v. Antobenedetto, 366 Mass. 51, 55 (1974).
discussed Cited as authority (rule) Commonwealth v. Riggieri
Mass. · 2003 · confidence medium
This court has also recognized that this principle is “equally applicable where information is transmitted between officers by radio rather than by a wanted flyer.” Commonwealth v. Fraser, 410 Mass. 541, 546 (1991).
discussed Cited as authority (rule) People v. Hardrick (2×)
Colo. · 2002 · confidence medium
See, e.g., Maryland v. Wilson, 519 U.S. 408, 413 , 117 S.Ct. 882 , 137 L.Ed.2d 41 (1997) (noting that the "weighty interest in officer safety" justifies ordering a passenger out of a stopped car even if the car was stopped because of the driver's infraction); U.S. v. Michelletti, 13 F.3d 838, 842 (5th Cir.1994)(holding that a frisk for weapons was reasonable when officers were investigating suspicious behavior behind a bar and the defendant walked out of the bar door onto the scene with a beer in his left hand and his right hand in his pocket); People v. Glaser, 11 Cal.4th 354 , 45 Cal.Rptr.2d…
discussed Cited as authority (rule) Commonwealth v. Grandison
Mass. · 2001 · confidence medium
Cf. Commonwealth v. Rock, 429 Mass. 609, 611 (1999) (police asking, “Can I talk to you for a second?” not seizure); Commonwealth v. Stoute, 422 Mass. 782, 789 (1996) (no Terry stop when officer asks defendant to “hold up a minute,” see Terry v. Ohio, 392 U.S. 1 [1968]); Commonwealth v. Fraser, 410 Mass. 541, 543 (1991).
discussed Cited as authority (rule) Commonwealth v. Eckert
Mass. · 2000 · confidence medium
See also Commonwealth v. Doulette, 414 Mass. 653, 655 (1993) (trooper’s actions in leaving cruiser, approaching defendant’s automobile in public parking lot, and shining flashlight inside vehicle not “stop” or “search” under Fourth Amendment); Commonwealth v. Fraser, 410 Mass. 541, 543-544 (1991), citing United States v. Mendenhall, 446 U.S. 544, 554 (1980) (no seizure within meaning of Fourth Amendment where police approach individual and ask questions “unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free …
discussed Cited as authority (rule) Commonwealth v. Watson (2×) also: Cited "see"
Mass. · 2000 · confidence medium
See Terry v. Ohio, supra at 22 (series of innocent acts “taken together warranted further investigation”); Commonwealth v. Williams, 422 Mass. 111, 116 (1996), citing Commonwealth v. Fraser, 410 Mass. 541, 545 (1991), and Commonwealth v. Thibeau, 384 Mass. 762, 764 (1981).
cited Cited as authority (rule) Commonwealth v. Wright
Mass. App. Ct. · 1999 · confidence medium
See Commonwealth v. Ballou, 350 Mass. 751, 755 (1966); Commonwealth v. Fraser, 410 Mass. 541, 544-547 (1991).
examined Cited as authority (rule) Commonwealth v. Thomas (3×) also: Cited "see"
Mass. · 1999 · confidence medium
See Commonwealth v. Stoute, 422 Mass. 782, 786 (1996); Commonwealth v. Thinh Van Cao, 419 Mass. 383, 387 , cert. denied, 515 U.S. 1146 (1995); Commonwealth v. Fraser, 410 Mass. 541, 543 (1991). “[N]ot every encounter between a law enforcement official and a ihember of the public constitutes an intrusion of constitutional dimensions requiring justification . . . .” Stoute, supra at 789 .
cited Cited as authority (rule) Commonwealth v. Gunther G.
Mass. App. Ct. · 1998 · confidence medium
See Commonwealth v. Sanchez, 403 Mass. 640, 644-645 (1988); Commonwealth v. Fraser, 410 Mass. 541, 543-544 (1991); Commonwealth v. Stoute, supra at 789-790 .
discussed Cited as authority (rule) Commonwealth v. Hart
Mass. App. Ct. · 1998 · confidence medium
In our view, the judge created and applied an erroneous presumption of law rather than resolving the decisive issue, that is, whether the “circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away.” Commonwealth v. Fraser, 410 Mass. 541, 544 (1991).
discussed Cited as authority (rule) Commonwealth v. Heon
Mass. App. Ct. · 1998 · confidence medium
This does not mean, however, that the officer could not take his knowledge of the group and of the ongoing feud into account as part of “the totality of the circumstances — the whole picture.” See Commonwealth v. Fraser, 410 Mass. 541, 545 (1991), quoting from United States v. Cortez, 449 U.S. 411, 417 (1981).
discussed Cited as authority (rule) Commonwealth v. Grinkley
Mass. App. Ct. · 1997 · confidence medium
Contrast also Commonwealth v. Cavanaugh, 366 Mass. 277, 280, 281 (1974) (upon seeing police, defendant driving the wrong way down a one-way street accelerated his vehicle, leading to a high-speed chase through city streets); Commonwealth v. Anderson, 366 Mass. at 395-396, 400 (suspect looked back over his shoulder at following uniformed police officers as he walked briskly away, then made a gesture as if attempting to get rid of a bag he was holding); Commonwealth v. Fraser, 410 Mass. 541, 542, 545 (1991) (as police approached a group of young men pursuant to a tip about a man carrying a gun i…
cited Cited as authority (rule) Commonwealth v. Barros
Mass. · 1997 · confidence medium
Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
discussed Cited as authority (rule) Commonwealth v. Jones
Mass. Super. Ct. · 1997 · confidence medium
See also United States v. West, 651 F.2d 71, 73 (1st Cir. 1981) (seizure occurs only when officers engaged in show of authority); Commonwealth v. Fraser, 410 Mass. 541, 543-44 (1991) (“the police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away"); Commonwealth v. Moore, 32 Mass.App.Ct. 924, 924 (1992) (defendant not seized when officers approached the defendant, asked for his license, informed defendant that he did…
cited Cited as authority (rule) Commonwealth v. Ball
Mass. Super. Ct. · 1997 · confidence medium
United States v. Mendenhall, 446 U.S. 544, 554 (1980), cited in Commonwealth v. Fraser, 410 Mass. 541, 543 (1991).
cited Cited as authority (rule) Commonwealth v. Davis
Mass. App. Ct. · 1996 · confidence medium
Contrast Commonwealth v. Fraser, 410 Mass. 541, 545 (1991).
Commonwealth vs. Andrew A. Fraser
Massachusetts Supreme Judicial Court.
Jul 2, 1991.
573 N.E.2d 979
Joshua M. Dohan, Committee for Public Counsel Services {Andrew Silverman, Committee for Public Counsel Services, with him) for the defendant., Marina Medvedev, Assistant District Attorney, for the Commonwealth.
Liacos, Abrams, Nolan, Lynch, Greaney.
Cited by 130 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Massachusetts Supreme Judicial… (1) · Massachusetts Appeals Court (1)
Lynch, J.

The defendant was charged with carrying a firearm without a license and unlawful possession of ammunition. G. L. c. 269, § 10(a) (1990 ed.). After a hearing, a Boston Municipal Court judge denied his pretrial motion to suppress the handgun and ammunition as the fruits of an unconstitutional search. A single justice of this court granted the defendant leave to take an interlocutory appeal. Mass. R. Crim. P. 15 (b) (2), 378 Mass. 882 (1979). We affirm.

We summarize the facts found by the motion judge. On the evening of January 29, 1990, Boston police officer Martin Columbo and his partner were on routine patrol in an unmarked vehicle in the Dorchester section of Boston. [1] At approximately 7:25 p.m., the officers received a radio call about “a man with a gun inside a brown Toyota at 35 High Street in Dorchester,” which is located in a “high crime area.” On arriving at the scene, the officer saw a group of young men standing on the sidewalk, the defendant among them, but no brown Toyota. As Officer Columbo was getting out of the automobile, he saw the defendant bend down behind a white pickup truck “as though to pick something up or put something down.” Officer Columbo walked up to the defendant and identified himself as a police officer, whereupon the defendant stood up with his hands in his coat pockets. Officer Columbo asked the defendant to remove his hands from his pockets. [2] Columbo then “pat frisked” the defendant and felt[*543] an object which turned out to be a loaded handgun. The defendant could not produce a license to carry the gun, and Officer Columbo therefore placed him under arrest.

On appeal, the defendant argues that Officer Columbo’s actions violated his rights under the Fourth Amendment to the United States Constitution.* * [3] The defendant contends, first, that the police conduct preceding the pat-down of the defendant’s coat constitutes an unjustified “seizure” in violation of the Fourth Amendment. This unconstitutional seizure, the defendant contends, infects the subsequent frisk. We disagree.

Officer Columbo did not “seize” the defendant within the meaning of the Fourth Amendment merely by approaching him, identifying himself as a police officer, and asking him to take his hands out of his pockets. In United States v. Men-denhall, 446 U.S. 544, 554 (1980), the United States Supreme Court ruled that the police have seized a person in the constitutional sense “only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Under the Mendenhall [*544] test, the police do not effect a seizure merely by asking questions unless the circumstances of the encounter are sufficiently intimidating that a reasonable person would believe he was not free to turn his back on his interrogator and walk away. See Immigration & Naturalization Serv. v. Delgado, 466 U.S. 210, 216-217 (1984); Florida v. Royer, 460 U.S. 491, 497 (1983) (plurality opinion); Mendenhall, supra at 555; Commonwealth v. Sanchez, 403 Mass. 640, 644-645 (1988); 3 W.R. LaFave, Search and Seizure § 9.2(h), at 408-409 (2d ed. 1987 & Supp. 1991). There were no such intimidating circumstances in this case. Officer Columbo’s request that the defendant remove his hands from his pockets, without more, was not sufficiently coercive or intimidating to convert this encounter into a seizure subject to the constitutional requirement of a showing of objective justification. Cf. California v. Hodari D., 111 S.Ct. 1547 (1991) (officer running after fleeing suspect does not constitute seizure); Royer, supra at 501 (asking for and examining suspect’s airplane ticket and driver’s license does not constitute seizure).

Officer Columbo’s frisk of the defendant’s coat, however, plainly implicates the Fourth Amendment and must be justified by a showing that Officer Columbo reasonably believed that the defendant was armed and dangerous. See Terry v. Ohio, 392 U.S. 1, 27 (1968); Sibron v. New York, 392 U.S. 40, 63-64 (1968); Commonwealth v. Silva, 366 Mass. 402 (1974). [4] The defendant contends that Officer Columbo did[*545] not have such a reasonable belief, and therefore the defendant urges that we suppress the gun and the ammunition Columbo discovered.I *** [5] Although based on the judge’s scant findings the case is a close one, we hold that the pat-down did not violate the defendant’s Fourth Amendment rights.

There are four factors to justify the pat-down: (1) the radio call describing a man with a gun; (2) the fact that the encounter occurred in a “high crime area”; (3) the defendant’s bending down behind the truck “as though to pick something up or put something down”; and (4) the fact that at all critical times the defendant kept his hands in his pockets. In weighing these factors, we take into account “the totality of the circumstances — the whole picture.” United States v. Cortez, 449 U.S. 411, 417 (1981). Thus, a combination of factors that are each innocent of themselves may, when taken together, amount to the requisite reasonable belief. United States v. Sokolow, 490 U.S. 1, 9-10 (1989).

We turn to the first factor, the radio broadcast. In United States v. Hensley, 469 U.S. 221 (1985), the Supreme Court addressed the question whether an officer of a police department may make a Terry stop in reliance on a “wanted flyer” issued by a neighboring police department indicating that the defendant was suspected of robbery. The Court upheld such[*546] a stop provided, among other things, that “the police who issued the flyer or bulletin possessed a reasonable suspicion justifying a stop” (emphasis in original). Id. at 233. See generally LaFave, supra, § 9.3(f), at 487-492. Cf. Whiteley v. Warden, 401 U.S. 560, 568 (1971) (establishing analogous rule for probable cause); Commonwealth v. Antobenedetto, 366 Mass. 51, 56 (1974) (same). Of course, this requirement is equally applicable where information is transmitted between officers by radio rather than by a wanted flyer, see United States v. Longmire, 761 F.2d 411, 415-416 (7th Cir. 1985) (applying Hensley in case involving police radio broadcast), and where the contested police conduct is a protective frisk rather than an investigatory stop. In the instant case, the record is barren of evidence indicating that the officer responsible for issuing the radio call had sufficient information to justify a Terry-type frisk, or indeed that he had any reliable information about the defendant at all. Therefore, we are constrained by Hensley to conclude that the radio broadcast did not, in and of itself, give Officer Columbo the reasonable suspicion required to conduct a protective frisk. The broadcast, therefore, falls in the category of a factor which taken alone would not justify the search, but which taken together with other factors may constitute reasonable suspicion.

We conclude that, when all the facts are taken together, Officer Columbo had sufficient information to justify the protective frisk of the defendant. In sum, the judge found that Officer Columbo was confronted with the following situation. In response to a radio bulletin reporting a man with a gun, the officer found a group of young men at an identical location, which he knew to be a “high crime area.” The officers were outnumbered. Officer Columbo saw the defendant bend down behind a truck in a manner suggesting that he might be picking something up or putting something down, and then the defendant confronted the officer with his hands in his pockets. Taken together, these circumstances are enough to warrant belief by a “reasonably prudent man . . . that his safety or that of others was in danger.” Terry, supra at 27.[*547] We hold that the pat-down of the defendant’s coat pocket did not violate the defendant’s Fourth Amendment rights, and we remand the case for further proceedings consistent with this opinion.

So ordered.

1

Officer Columbo was the only witness called to testify at the motion hearing.

2

We note that the judge did not specifically find that the defendant failed to comply with Officer Columbo’s request that he take his hands out of his pockets. The only evidence offered on this point is the following testimony of Officer Columbo at the motion hearing.

Q.: “What did you do [after identifying yourself as a police officer]?”
A.: “At that time I asked him to take his hands out of his pocket [j/c].”
Q.: “Did he do anything?”
[*543] A.: “Not at that time.”
Q.: “What did you do after you asked him that and he didn’t respond?”
A.: “I did a . . . Immediately, I did a frisk of the defendant . . . .”

The defendant suggests that Columbo’s use of the word “immediately” indicates that the officer frisked the defendant before the defendant had time to respond to the request that he take his hands out of his pockets. It appears more likely that Columbo allowed the defendant time to respond, that the defendant did not respond, and that the officer then “pat frisked” him.

3

The defendant also claims that the police conduct violated his rights under art. 14 of the Declaration of Rights of the Massachusetts Constitution. Since the United States Supreme Court’s seminal holding in Terry v. Ohio, 392 U.S. 1 (1968), this court has never held that the State Constitution affords the individual more (or less) protection with respect to Terry- type stops and frisks under these circumstances than does the Federal Constitution. Nor does the defendant in this case argue separately that his rights under art. 14 are broader than his rights under the Fourth Amendment, or ought to be. Therefore, we deem the defendant’s art. 14 argument to be waived, Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975), and we confine our analysis to Federal constitutional principles. Cf. Sullivan v. District Court of Hampshire, 384 Mass. 736, 741 n.7 (1981).

4

This case is anomalous in that the pat-down of the defendant was not preceded by a forcible stop, the prototypical situation addressed in Terry. Officer Columbo simply patted down the defendant in the course of a non-seizure field interrogation. Therefore, we do not address the issue whether Officer Columbo had the requisite quantum of suspicion to justify a stop. See United States v. Cortez, 449 U.S. 411, 417-418 (1981) (“a particularized and objective basis for suspecting the particular person stopped of criminal activity”); Terry, supra at 30 (reasonable belief “that criminal activity may be afoot”). This anomaly also provides a basis for distinguishing our recent decision in Commonwealth v. Couture, 407 Mass. 178 (1990).

A protective frisk of a suspect under the principles of Terry may be warranted where there is “some legitimate basis for the officer being in[*545] immediate proximity to the person.” LaFave, supra, § 9.4 (a), at 499. While the justification for an officer’s proximity to a suspect frequently is a Terry stop, a pat-down also may be permissible in other situations where the officer necessarily comes into contact with a person he considers dangerous. See id. at 508-512. This is such a case.

Officer Columbo had a duty to investigate the report of an armed man at the location where the defendant was found. Having received a report of an armed man, it would have been poor police work had the officer left the scene without making any inquiries. We conclude that the officer’s proximity to the defendant was justified. Therefore, we ask only whether the pat-down was supported by a reasonable belief that the defendant was armed and dangerous even though we recognize that, based on the judge’s findings, the officer may not have had sufficient information to justify an investigative stop under Terry v. Ohio.

5

The defendant does not contend that Officer Columbo’s pat-down of the defendant’s coat exceeded the permissible scope of a protective frisk for weapons.