29 Mass. App. Ct. 929 | Mass. App. Ct. | 1990
On June 11, 1988, at about 1:00 p.m., the Waltham police department received information from an anonymous caller that a man who appeared to be drunk was getting into a blue automobile with New Hampshire license plates in front of Watch City Liquors, 475 Winter Street, Waltham. The caller said there were three small children in the automobile.
The circumstances detailed by the anonymous call — a drunken driver with three small children in a blue car with New Hampshire license plates at a specific address — combined with the observation by police officers approaching that address of a blue vehicle with New Hampshire plates approaching the entrance to route 128, a high speed highway, “presented an emergency situation requiring immediate action for the protection of life and property.” Commonwealth v. Marchione, 384 Mass. 8, 11 (1981). “The need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency.” Mincey v. Arizona, 437 U.S. 385, 392 (1978).
In Commonwealth v. McCauley, 11 Mass. App. Ct. 780, 781-783 (1981), police were informed by an anonymous party that a man, described in considerable detail and wearing a red, white and blue sweater, was in a certain cafe “carrying a firearm which he had dropped on the floor more than once.” This court approved a Terry type
Judgment affirmed.
Terry v. Ohio, 392 U.S. 1 (1968).