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COMMONWEALTH v. PATTI

No. 91-P-102.

31 Mass. App. Ct. 440 (1991)

579 N.E.2d 170

COMMONWEALTH vs. STEPHEN A. PATTI.

Appeals Court of Massachusetts, Middlesex.

October 3, 1991.

Attorney(s) appearing for the Case

Barbara C. Johnson for the defendant.

Stephen Hoctor, Special Assistant District Attorney, for the Commonwealth.

Present: BROWN, FINE, & GREENBERG, JJ.

FINE, J.

In this case we are asked, once again, to consider the limits of the privilege, first set forth in Terry v. Ohio, 392 U.S. 1 (1968), for the police to stop a person to investigate his conduct absent probable cause to believe that he was engaged in unlawful activities.

The defendant was convicted in a District Court jury-of-six session of possession of marihuana. He challenges the

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