Case Review

Cases and Jurisdiction

State of Dakota v Richard Allen Ringquist Criminal Nos . 870361 870362

In the case of State of Dakota v Richard Allen Ringquist the State of Dakota appealed against a District Court 's ruling to suppress evidence under the exclusionary rule . The evidence in question was obtained pursuant to a search warrant which was issued under the jurisdiction of a County Court in N . Dakota . Although the warrant itself was issued by the County Court it gave rise to questions relevant to the Federal Constitution and in particular the Fourth

Amendment which requires that warrants be issued upon proof of probable cause . The issue of whether or not a warrant was issued pursuant to the Fourth Amendment to the US Constitution was therefore a Federal function

However , the ultimate issue turned on whether or not the evidence used in support of the application for search warrant was properly before the court . It was determined in State of Dakota v Richard Allen Ringquist that in to ascertain whether or not the evidence used was sufficient to establish probable cause was ultimately a matter for the State Constitution and as such was a matter for State rather than Federal jurisdiction . The reason for this was that each case must be determined on its own particular facts and as such it would be impossible to impose an all encompassing standard for the type of or kind of evidence that would be required to substantiate probable cause .Although a constitutionally protected right would be determined at State level . Had this been a case based on a claim of an illegal search warrant or the obtaining of evidence by virtue of no warrant it would have been a Fourth Amendment claim without more and therefore it would fall under Federal jurisdiction . In other words it was a question of fact which was primarily a matter for the jurisdiction of the county court seized of the application for the search warrant and was not a question law , more particularly constitutional law (State of Dakota v Richard Allen Ringquist

The People of the State of Colorado v Robert Turner . Case No . 04SA178

The appellant 's claim in the case of The People of the State of Colorado v Robert Turner was founded on constitutional claims and as such is a matter for Federal jurisdiction . However , since the case challenged the interpretation and application of a State statute it also involved issues for the State court which is the best venue for the interpretation and application of a State legislative provision . The constitutional challenge was based on a claim that the state statute which forbids the disclosure of communications between a victim of a sexual assault and a victims ' advocate denied the appellant his Sixth Amendment constitutional right to cross-examine his or her accusers

The complaint although constitutional in nature turned on the interpretation and the application of State legislation and as such remained in the jurisdiction of the State courts . The Supreme Court of...