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Criminal Procedure Keyed to Miller
Commonwealth v. Roosevelt Wilson
Citation:
805 N.E.2d 968 (Mass. 2004)Facts
Police received a call that a person was being beaten with a hammer or being stabbed by a group of ten people huddled across the street from a pizza parlor. A state trooper arrived at the scene and saw a group of nine or ten men standing in a circle. As he pulled up next to the group and got out of his vehicle, he made eye contact with Wilson (defendant). Wilson began walking away from the officer and put his hand on his waist area. The officer became concerned that Wilson had a gun, so he grabbed Wilson by his shirt and put his hand on Wilson’s waist. There, the officer felt what he recognized to be dime bags of marijuana. The officer took the bags and arrested Wilson.
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