Com v. Young

Commonwealth v. Justin L. Young
Massachusetts Court of Appeals
January 6, 2010
Docket No. 09-P-1721

Search and Seizure, Automobile, Arrest, Controlled Substances, Firearms


A judge sitting jury-waived found the defendant guilty of carrying a firearm without a license, possession of ammunition without a firearm identification card, and unlawful possession of a loaded firearm.  The defendant appeals this decision, arguing that the trial judge erred in denying his motion to suppress evidence and statements obtained during a pat frisk taken as a result of his physical response to an exit order by the arresting police officers.  Defendant contends that the exit order leading to the frisk of his person and discovery of the handgun was unlawful because 1) there was no basis for stopping the vehicle initially and 2) the Fourth Amendment and art. 14 of the MA Declaration of Rights forbid the exit order given to him as a passenger in the vehicle.