MA: Police responding to a shooting call saw def hiding in a closed park with a ‘hoodie’ pulled tightly around face; that was a factor in reasonable suspicion

“At issue is whether there was reasonable suspicion to stop and frisk the defendant, who did not match the particularized aspects of the descriptions provided by eyewitnesses who called 911 to report that there had been a shoot-out on a residential street. The defendant was, however, among the trees in a closed public park well after dark, close to the scene of the crime within minutes of its occurrence, wearing a ‘hoodie’ pulled tightly around his face. In the circumstances presented, as described more fully below, we conclude that the seizure was reasonable and therefore there was no error in the denial of the defendant’s motion to suppress.” Commonwealth v. Johnson, 2015 Mass. App. LEXIS 187 (Dec. 9, 2015).

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