Commonwealth v. Jackson

After police officers observed the defendant sharing what appeared to be a marijuana cigarette with two others on a park bench, they seized the cigarette and conducted a war-rantless search of the defendant’s person and backpack. In the *759backpack, they discovered a substance resembling marijuana packaged in small plastic bags, with a total weight of less than one ounce. The defendant was arrested and charged with possession of a class D substance (marijuana) with intent to distribute, G. L. c. 94C, § 32C (a), and a corresponding drug violation in or near a school or park, G. L. c. 94C, § 32J.

Th…