MA: ShotSpotter alert and officer’s observations were RS on totality

ShotSpotter alert received by a nearby officer in the early morning hours with his observations on the scene in a minute or so on the totality was reasonable suspicion. Commonwealth v. Ford, 2022 Mass. App. LEXIS 14 (Feb. 18, 2022):

Once the information reasonably inferred from the sequence of ShotSpotter alerts is considered in the holistic analysis, the remainder of the judge’s factual findings take on greater significance. “The seizure of a suspect in geographical and temporal proximity to the scene of the crime appropriately may be considered as a factor in the reasonable suspicion analysis.” Meneus, 476 Mass. at 240. It is particularly relevant where, as here, the officer encountered the defendant less than a minute after the last reported ShotSpotter alert, at the location where the trail of ShotSpotter alerts ended. Contrast Commonwealth v. Jones, 95 Mass. App. Ct. 641, 647, 130 N.E.3d 800 (2019) (proximity of stop to crime less meaningful where, for example, officer sought out “defendant on [a specific street] because he knew it was near the defendant’s home, not because it was near the shooting”). Finally, the officer was scanning the street for potential involved parties, and the defendant was the only person that the officer saw. Cf. Commonwealth v. Privette, 100 Mass. App. Ct. 222, 229-231, 176 N.E.3d 289 (2021) (fact that defendant was only pedestrian on street late at night near scene of crime supported reasonable suspicion). Contrary to the defendant’s contention, these facts were sufficient to create “an individualized suspicion” that the defendant was connected to the shots fired. Meneus, supra at 235, quoting Warren, 475 Mass. at 534.

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