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Question

A police officer is investigating a large narcotics trafficking organization. The case involves a large, multi-state conspiracy and is likely to result in the arrest of more than 50 persons. Violating laws against trafficking narcotics are criminalized under both state and federal law.
Decide whether the case should be processed in the state court system or if it would be wiser to try and bring the matter to the United States Attorney's Office to be tried in the federal court system.

What factors should you weigh in making this determination?
Can a police officer bring a matter in the federal system?
Are there always advantages to bringing it up as a federal matter, or is a state prosecution more advantageous in a variety of circumstances?
What factors would you consider in making the decision as to where to bring a case?

Answer 1

i would say it would be 1st tried in the state the individuals were caught in. this is bad. Judges & law officials to not take drug trafficing very lightly.i would hate to be in their shoes.

the judge will then pass it on ,to whatever court he deems it. a police officer can do the arrest,but not take it to the federal system , i dont think. i would also think, bringing it up to a federal or state matter either, would be very serious,& i cant see any advantages in either way.

the more of the drugs,confiscated the worse the penalty, & the grade*( what schedule: examle: hydrocone is a schedule 3, while oxycontin, is a schedule 2,as is pot,,though pot is in what i've heard is worse.)

if the person or persons, have a previous record, it penitinuary time. & even if they don't it can happen. where if happened means where it will be brought to arraignment & then the judge will take it from there.

from news reports , murder is a lesser sentence than drugs! a person can nearly get by w/murder....hope this helps.

Answer 2

Kind of funny how that all works. Generally the federal statutes outweigh state statutes for jurisdiction, however, as you so aptly noted, that drug trafficking violates several separate and distinct ordinances under each system.



The driving concern for the police officer would be the statutes that are under his jurisdiction. If it is a federal officer he would file for indictment in a US District Court and if it was a State officer it would be filed in the State district criminal court.



The real advantage to this system from a law enforcement point of view, is if the state blows the case, the feds could re-indict in federal court, and vice verse.



Since the statutes are different, double jeopardy wouldn't apply and in effect, it gives law enforcement two chances to prosecute.



In this particular instance that you state, with multi-state conspiracy and organized crime, it would seem likely that this case would be investigated, indicted and tried in the federal system, so that their is no question over jurisdictional lines and what evidence is relevant and admissible in a state prosecution.



For instance if there was information obtained by legal search warrant in one state, that may not be admissible in another state and therefore the subsequent information that was obtained in the second state would be considered as fruit of the poisoned tree, and therefore, also inadmissible.

Answer 3

If this "hypothetical" situation exists the matter would be turned over to the feds. A crime of this maginitude crosses state lines, it move to federal jurisdiction. The agencies involved would probably include DEA, FBI and if movement of large amounts of cash are involved Dept of Treasury and/or Secret Service. The local depts can only assist in the arrest, transport and detention. It takes a federal officer to bring the case to the US Attny.