Commonwealth v. Allain

On the morning of a scheduled “bind-over” hearing, the government asked a District Court judge to hear the defendants’ pending motions to suppress certain evidence. Prior to the hearing, the judge agreed to decide the suppression motions and chose not to exercise final jurisdiction over those crimes alleged in the complaint over which the District Court had concurrent jurisdiction with the Superior Court. See G. L. c. 218, § 30. 2 A hearing then followed in District Court to decide whether the controlled substances upon which the complaints were based were unconstitutionally seized and, if…