Commonwealth v. Depiero

Brief of Amicus Curiae Filed by the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief filed: 10/26/2015


Commonwealth v. Depiero

Supreme Judicial Court of Massachusetts; Case No. SJC-11893

Prior Decision

Decision below 87 Mass. App. Ct. 105 (Feb. 19, 2015).


 When the basis for a motor vehicle stop is a stand-alone anonymous 911 telephone call, the Aguilar-Spinelli test should apply to the reasonable suspicion determination. Anonymous 911 calls are not inherently self-verifying and evolving technology requires the modernization of how the reliability is determined.

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Daniel K. Gelb, Gelb & Gelb LLP, Boston, MA.