MA: Ammo in car and possession of a firearm ID card justified frisk for weapon on college campus

Defendant was suspected of possession of a firearm on a college campus when he approached officers looking at the ammunition in plain view in his car on a campus parking lot and he had an “aggressive posture.” They asked if he was armed. “‘No, are you supposed to be asking me that question?’ As a result of the ammunition and the defendant’s aggressive posture, the officer patted down the defendant for weapons. He found no weapons or contraband but found the defendant’s firearm identification (FID) card in his wallet, indicating that he was allowed to carry ammunition. The officer placed the defendant’s backpack on the lid of the cruiser’s trunk and then advised the defendant of the Miranda rights. When the officer said he was going to place the defendant in the backseat of the cruiser while he patted down the bag, the defendant spontaneously said, ‘Wait, there’s a loaded gun in the bag.’ The officer placed the defendant in the backseat, closed the door, and searched the backpack. He found a black Smith & Wesson 380 semiautomatic handgun loaded with eighteen bullets, an ankle-style holster, and two additional magazines. Officer Donovan seized the gun, magazines, and bullets and placed the defendant under arrest.” The actions of the officer were reasonable under the circumstances. Commonwealth v. Whitehead, 85 Mass. App. Ct. 134, 6 N.E.3d 557 (2014).