# Commonwealth v. Nestor N.

> Massachusetts Appeals Court · August 28, 2006 · 67 Mass. App. Ct. 225

URL: https://www.frixlaw.com/law-library/cases/6462774

## Case

- **Full name:** Commonwealth v. Nestor N., a juvenile
- **Court:** Massachusetts Appeals Court
- **Decided:** August 28, 2006
- **Citations:** 67 Mass. App. Ct. 225; 852 N.E.2d 1132; 2006 Mass. App. LEXIS 915
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Duffly
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6462774

## Opinion text

Brown, J.
(concurring). Again, we see a situation that comes dangerously close to impermissible conduct on the part of the police. See and compare Commonwealth v. DePeiza, 66 Mass. App. Ct. 398 , further appellate review granted, 447 Mass. 1105 (2006). However, I am constrained to concur based on the reasoning of Commonwealth v. Pagan, 63 Mass. App. Ct. 780, 781-783 (2005). Of course, an officer can respond to a hand movement toward a waistband, but I am still amazed how a peculiar gait automatically triggers a stop and an inquiry. 1
It is equally curious and worthy of particular note that here the defendant had a rifle (apparently tucked in his waistband) and in DePeiza, supra, the so-called straight leg gait (allegedly well known by police officers) revealed a handgun. Thus, I am ineluctably led to this conclusion — any walk fits all. In other words, it is the walk, not the type of weapon, that jump starts the stop. Could this be a ploy?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6462774. Public record. Not legal advice.