MA: “Observing” a controlled buy from outside an apartment building is not corroboration of the CI

“Observing” a controlled buy from outside an apartment building is not corroboration of the informant under the state constitution. They didn’t see what apartment was involved. Commonwealth v. Ponte, 2020 Mass. App. LEXIS 16 (Feb. 13, 2020).

The area surveillance and dashcam videos don’t conclusively show defendant stopped for a stop sign, and the court gives credit to the officers’ testimony about the stop and excessively tinted windows that supported the stop. “In light of Defendant’s evasive and suspicious driving pattern, his behavior and conduct that evening, the time of night and high crime area, the recent shootings in the immediate area, and the other factors testified to by the deputies, it was entirely reasonable for Deputy Chahine to conduct the limited protective search of Defendant’s vehicle, or vehicle frisk, which uncovered the firearm and illegal narcotics and controlled substances in the center console of Defendant’s vehicle. The totality of the circumstances clearly supports the limited protective search of the center console by Deputy Chahine and the seizure of the firearm and the illegal narcotics and controlled substances. Accordingly, none of the evidence seized should be suppressed.” United States v. Sims, 2019 U.S. Dist. LEXIS 226829 (S.D. Fla. Dec. 20, 2019).*