The state showed a nexus to defendant’s cell phone and the crime under investigation because the participants were coordinating with each other before hand. “We have no evidence that the purpose of the cell phone call between the defendant, when he was arrested, and his girlfriend was to cover up the crime, as the Commonwealth contends. However, we need no such evidence. ‘[T]he fact that police did not know to a certainty that [the coventurer] was using his cellular telephone to communicate regarding the crime under investigation is not dispositive as to the question of nexus. Holley, 478 Mass. at 526-527.” Commonwealth v. Snow, 2019 Mass. App. LEXIS 172 (Dec. 10, 2019).
Wearing vests with “POLICE” on them and yelling at defendant “Police; stop!” was a seizure, and here it was completely without probable cause or reasonable suspicion even crediting every word of their testimony. Motion to suppress granted. United States v. Sears, 2019 U.S. Dist. LEXIS 212175 (D. N.J. Dec. 10, 2019).*