Opinion
No. 12–P–1004.
2013-05-3
COMMONWEALTH v. Dartanyan PLEDGER.
By the Court (GRASSO, KATZMANN & GRAINGER, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
We affirm the order allowing the defendant's motion to suppress evidence. The motion judge's unchallenged factual findings establish that Boston police Officer Daniel Griffin lacked an objectively reasonable suspicion that the defendant was engaged in criminal activity and was armed and posed a danger. See Commonwealth Narcisse, 457 Mass. 1, 9–10 (2010); Commonwealth v. Martin, 457 Mass. 14, 19–22 (2010). Because the defendant “clearly did not manifest behavior that indicated that he was engaged in criminal activity or that he was armed and dangerous,” satisfying neither prong of Terry v. Ohio, 392 U.S. 1, 30 (1968), the judge correctly concluded that the frisk was improper. Commonwealth v. Narcisse, supra at 12–13.
Order allowing motion to suppress affirmed.