6 Mass. App. Ct. 890 | Mass. App. Ct. | 1978
The defendant appeals pursuant to G. L. c. 278, §§ 33A-33G, from his conviction on two counts of being an accessory before the fact to an armed robbery of a CVS store in Boston. 1. There was no error in the denial of the defendant’s motion to suppress based upon his assertions that his confession (made to the police shortly after his arrival at headquarters) was the product of an illegal arrest and that there had not been a voluntary waiver of his Miranda rights prior to that confession and prior to a subsequent confession made at the Charles Street jail. Prior to the arrest, the police had been informed by the owner of the car used in the robbery that on the day of the robbery he had lent his car to the defendant, and that he was present when the defendant and two companions planned the crime and then drove away with the defendant behind the wheel. The car owner’s description of the defendant was matched by that of a storekeeper from whom the occupants of that vehicle later on that day purchased handcuffs and a knife found at the scene of the crime. The behavior of the purchasers prompted the storekeeper to note the registration of the car which he turned over to the police. This evidence viewed in a practical way (Commonwealth v. Stewart, 358 Mass. 747, 749 [1971]; Draper v. United States, 358 U.S. 307, 313 [1959]) constituted probable cause. Even if it had not been shown that the owner of the vehicle was a reliable informant, his
Judgments affirmed.