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COMMONWEALTH v. RIVERA

No. 91-P-1299.

33 Mass. App. Ct. 311 (1992)

599 N.E.2d 245

COMMONWEALTH vs. JOSE ANTONIO RIVERA.

Appeals Court of Massachusetts, Middlesex.

September 21, 1992.

Attorney(s) appearing for the Case

Kevin S. Nixon (Jeanne L. Carol with him) for the defendant.

Jennifer Petersen, Special Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., KASS, & LAURENCE, JJ.

KASS, J.

Very aptly, the defendant has identified the question to be decided as whether a State trooper's claimed concern for his safety was objectively reasonable in light of the whole picture at the time he frisk-searched the defendant. See United States v. Cortez, 449 U.S. 411, 417 (1981); Commonwealth v. Fraser, 410 Mass. 541

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