Commonwealth v. Thomas
Commonwealth v. Thomas
Opinion of the Court
The judge correctly ruled that the action of the police in engaging the defendant, whom they knew, in casual conversation was not a stop or seizure requiring justification under the Fourth Amendment to the United States Constitution. Commonwealth v. Fraser, 410 Mass. 541, 543-544 (1991). Commonwealth v. Houle, 35 Mass. App. Ct. 474, 475-476 (1993). It is also true, as the judge ruled, that their subsequent order that the defendant spit out the packets of cocaine that he was holding in his mouth was a seizure requiring probable cause. Id. at 476. Unlike the Houle case, however, the officers here had probable cause, because the plastic packets of white powder, reasonably thought to be cocaine, were plainly visible to the officers as the defendant spoke. This case is controlled, therefore, not
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.