November 2, 1994.Further appellate review denied: Reported below: 37 Mass. App. Ct. 904 (1994).
Commonwealth v. Russell, 46 Mass. App. Ct. 513, 517 (1999). What is striking here is the degree of mutual corroboration in highly particularized details (see Commonwealth v. Nowells, 390 Mass. 621, 627; Commonwealth v. Desper, 419 Mass. 163, 167; Commonwealth v. Russell, 46 Mass. App. Ct. at 517-519), coupled with police corroboration, not only through innocuous facts (see Commonwealth v. Avalo, 37 Mass. App. Ct. 904, 907), but also a controlled buy. See Commonwealth v. Blake, 413 Mass. 823, 827-828 (1992); Commonwealth v. Villella, 39 Mass. App. Ct. 426, 428 (1995); Commonwealth v. Padilla, 42 Mass. App. Ct. 67, 71 (1997).
See Commonwealth v. Watson, 36 Mass. App. Ct. at 256. Contrast Commonwealth v. Avalo, 37 Mass. App. Ct. 904, 907 (1994) (corroboration of innocuous details alone is insufficient to establish probable cause). Informant Four gave Detective Curtis two separate, consistent tips about the stolen ring — in late January, that Russell had possession of a ring stolen from a mall in Kingston, and on February 20, that Russell claimed to have a ring for sale at his residence.
Commonwealth v. Carrington, 20 Mass.App.Ct. 525 , 528 (1985) (where “rapist had been described as a black male in his thirties with a receding hairline, a moustache and a beard, and wearing a blue running jacket and dark shorts,” fact that defendant met this description was insufficient to provide probable cause to believe he was rapist); accord Commonwealth v. Avalo, 37 Mass.App.Ct. 904 , 906 (1994) (police lacked probable cause to arrest defendant based on informant’s tip, even though police corroborated that defendant matched physical description provided by informant “in terms of national origin or ethnic group; hair color, build, and approximate height”). Nor did the combination of Jordan’s appearance and the fact that police records showed that Jordan had been seen in the Copley Square area at some unspecified times unrelated to Lee’s murder did not provide probable cause to believe he had killed Lee.
" A description equally applicable to a large number of people, without more, may not support a finding of probable cause." Commonwealth v. Carrington, 20 Mass.App.Ct. 525, 528, 481 N.E.2d 224 (1985) (where " rapist had been described as a black male in his thirties with a receding hairline, a moustache and a beard, and wearing a blue running jacket and dark shorts, " fact that defendant met this description was insufficient to provide probable cause to believe he was rapist); accord Commonwealth v. Avalo, 37 Mass.App.Ct. 904, 906, 636 N.E.2d 1362 (1994) (police lacked probable cause to arrest defendant based on informant's tip, even though police corroborated that defendant matched physical description provided by informant " in terms of national origin or ethnic group; hair color, build, and approximate height")--Nor did the combination of Jordan's appearance and the fact that police records showed that Jordan had been seen in the Copley Square area at some unspecified times unrelated to Lee's murder did not provide probable cause to believe he had killed Lee. See Commonwealth v. Scott, 440 Mass. 642, 801 N.E.2d 233 (2004) (police lacked reasonable suspicion to stop defendant merely because he matched " general description of" suspect as " a tall, muscular, black male, " and police saw him in general area where sexual assaults had taken place several months earlier).
In Avalo, the informant gave detailed information regarding the physical characteristics of the defendant and correctly described the time and location of the defendant's arrival. Commonwealth v. Avalo, 37 Mass.App.Ct. 904, 906 (1994). That court, in determining that the information was insufficient for probable cause, was careful to point out that the informant's tip was lacking because it failed to give a description of the vehicle in which the defendant would be travelling and because the detail regarding the criminal activity itself was not adequately detailed.
It lacks specifics either as to suspicious content or the process by which the content was obtained that could raise it above "casual rumor." Commonwealth v. Avalo, 37 Mass. App. Ct. 904, 636 N.E.2d 1362, 1364, rev. denied by, 418 Mass. 1110, 642 N.E.2d 302 (1994) ( quoting Commonwealth v. Brown, 31 Mass. App. Ct. 574, 581 N.E.2d 505, 507, rev. denied by, 411 Mass. 1105, 586 N.E.2d 10 (1991)). In short, there was nothing to suggest that the informant was telling the truth when he inculpated Paturzzio in criminal activity.