COMMONWEALTH v. HUMBERTO H.

SJC-11297

466 Mass. 562 (2013)

COMMONWEALTH v. HUMBERTO H., a juvenile.

Supreme Judicial Court of Massachusetts, Suffolk.

November 26, 2013.


Attorney(s) appearing for the Case

Donna Jalbert Patalano , Assistant District Attorney, for the Commonwealth.

Emily A. Cardy , Committee for Public Counsel Services, for the juvenile.

Robert E. McDonnell , Deana K. El-Mallawany , & Nathaniel P. Bruhn , for American Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

A Juvenile Court judge allowed the juvenile's motion to dismiss a delinquency complaint charging one count of possession of a class D substance (marijuana) with intent to distribute after concluding that the complaint was not supported by probable cause that the juvenile intended to distribute the marijuana in his possession. The judge declared that, where a complaint is to be dismissed, he believed it "offensive...

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