MA: Flight and furtive movement to pants like holding a gun of a known felon RS

“Relying on DePeiza, we have held that collective factors, including the officer’s training and nine years’ experience in the district, the history of firearms in the neighborhood, the late hour, the defendant’s head movements, his continuous placement of his hand inside his pants, and his accelerating evasion of the police established reasonable suspicion of unlawful possession of a firearm. … The facts of this case support a conclusion that Commonwealth v. DePeiza is controlling and the officer had reasonable suspicion to stop the defendant.” Also, defendant was known to the officer for a prior arrest for an armed home invasion. Commonwealth v. Colon, 2015 Mass. App. LEXIS 54 (May 22, 2015).*

Defendant was detained for 50 minutes during execution of a search warrant, and it was reasonable. He was ultimately arrested and Mirandized. United States v. Laborin, 2015 U.S. Dist. LEXIS 67281 (E.D.Cal. May 22, 2015).*