![]() He claims that their first interaction was at a hearing for a harassment prevention order. "Our review of the judge's order of dismissal is confined to the four corners of the application for complaint, which in this case" consists of the police reports Although the complaint is silent regarding any relationship between the defendant and the couple, the defendant contends in his brief, at the motion hearing, and at oral argument before this court that he had never met J.D. The order dismissing the complaint is reversed.2 1. We conclude that the series of acts outlined in the complaint that are attributed to the defendant satisfy the elements of criminal harassment against J.D. On appeal, the Commonwealth contends that the complaint supplied probable cause to charge the defendant with two counts of criminal harassment. The judge ruled that the complaint did "not allege three qualifying acts to support a charge of criminal harassment as to either named victim." The Commonwealth appealed, and we transferred the case to this court on our own motion. and J.H.1 After holding two nonevidentiary hearings, a District Court judge allowed the defendant's motion to dismiss. The charges 2 stem from allegations that he was using two global positioning system (GPS) devices to track the movements of a married couple he had never met before, to whom we shall refer as J.D. Brennan, charging him with two counts of criminal harassment in violation of G. A complaint issued against the defendant, Francis T. Davis, for Licensed Private Detective Association of Massachusetts, amicus curiae, submitted a brief. McKenna, Assistant District Attorney, also present) for the Commonwealth. David Cutshall, Assistant District Attorney (Gail M. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. A motion to dismiss was heard by Julieann Hernon, J. Complaint received and sworn to in the Hingham Division of the District Court Department on August 26, 2016. ![]() ![]() Gants, C.J., Lenk, Gaziano, Lowy, Budd, & Cypher, JJ. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 SJC-12518 COMMONWEALTH Plymouth. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.
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