5 Mass. App. Ct. 871 | Mass. App. Ct. | 1977
In determining the propriety of the denial of the defendant’s motion to suppress we confine our consideration to the testimony of the arresting officers which was elicited by the defendant and Sherrod (see Commonwealth v. Botelho, 369 Mass. 860, 867 [1976]) at the pre-trial hearing of the motion (Commonwealth v. Howard, 4 Mass. App. Ct. 476, 480-481 [1976], further appellate review granted, 371 Mass. 899 [1976]) and which the judge expressly found to be true. 1. There was no error in the judge’s implied ruling that the defendant had been lawfully arrested. There were reasonably close resemblances between the physical characteristics of the defendant and Sherrod as observed by the arresting officers and the physical characteristics of the robbers which the officers had heard in the unchallenged (contrast Commonwealth v. Antobenedetto, 366 Mass. 51, 54-58 [1974]; Commonwealth v. Morales, 4 Mass. App. Ct. 779 [1976]) police radio broadcast; the defendant and Sherrod were wearing distinctively colored and patterned shirts of the colors and types specifically described in the broadcast; and the defendant (when frisked during the course of a threshold inquiry) was found to be carrying a knife, which was one of the instrumentalities of the robbery which had been referred to in the broadcast. See Commonwealth v. Blackburn, 354 Mass. 200, 201-202, 203 (1968); Commonwealth v. Brown, 354 Mass. 337, 342 (1968); Commonwealth v. Breen, 357 Mass. 441, 442-446 (1970); Commonwealth v. Jackson, 359 Mass. 759 (1971); Commonwealth v. Blow, 362 Mass. 196, 197-199 (1972); Commonwealth v. Brown, 367 Mass. 24, 32-33 (1975); Commonwealth v. Henley, 1 Mass. App. Ct. 564, 568 (1973). 2. The only difference of possible significance between the one-to-one confrontation with the victim which occurred in the present case and the one described in Commonwealth v. Lifsey, 2 Mass. App. Ct. 835 (1974), is that the 5:30 A.M. confrontation in the present case occurred some four hours
Judgment affirmed.