MA: Stop with guns drawn without RS unreasonable

A stop with guns drawn without reasonable suspicion was unreasonable. Summary by the court: “A Superior Court judge erred in denying the criminal defendant’s pretrial motion to suppress a firearm seized by police after a lawful stop of the vehicle in which he was a passenger, where, in the circumstances, the conduct of the police (i.e., the use of multiple vehicles and officers to box in the vehicle in which the defendant was a passenger, and the approach of at least two officers with guns drawn) was disproportionate to the degree of suspicion that prompted the intrusion and constituted an arrest without probable cause, given that the police had no particular information that the defendant, who had a prior nonspecific “involvement” in firearms, possessed a firearm at the time of the stop; the police had no information about any history of violent conduct on the part of the defendant; and, at the time of the show of force, the police had not observed any furtive conduct by the defendant or his companions.” Commonwealth v. Santiago, 93 Mass. App. Ct. 792, 2018 Mass. App. LEXIS 114 (Aug. 22, 2018).

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