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Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

In the spring of 2008, federal, state and local agents began an investigation of drug activity in the Green Street area of Brockton, Massachusetts. Late in the afternoon of June 19, 2008, Massachusetts State Trooper David Patterson, working undercover, sought to purchase drugs at the corner of Lexington and Green Streets. After placing a phone call requesting two $40 bags of crack cocaine, Patterson waited for delivery of the drugs, sitting in a truck equipped with concealed audio/video recording equipment.

From his vantage across the street, Patterson could see a group of people congregated around the driveway of 249 Green Street. Eventually, a man unknown to Patterson emerged from the group and began walking towards Patterson’s truck. Patterson later recalled that the man was wearing white sneakers, a black hat on backwards, a white Adidas shirt and gray sweatpants. Patterson watched the man’s approach with care, wanting to be sure that he was unarmed.

 
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