Issue preclusion applies in criminal cases, too, and the state\u2019s dismissal of a case in the face of a successful motion to suppress doesn\u2019t preclude the federal government from prosecuting afterward. This is a recognition of dual sovereignty. United States v. Tores, 2020 U.S. Dist. LEXIS 212591 (E.D. Tenn. Nov. 13, 2020).<\/p>\n\n\n\n
Plaintiffs didn\u2019t show the building inspectors illegally searched or they didn\u2019t consent. In response to a summary judgment motion, \u201cJones submitted affidavits from three tenants who averred that Housing Inspectors Gould and Forester were \u2018forceful\u2019 and \u2018intimidating.\u2019 But none of the affiants claimed that they refused to consent to the inspections. Jones v. City of Akron, 2020 U.S. App. LEXIS 35650 (6th Cir. Nov. 12, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Issue preclusion applies in criminal cases, too, and the state\u2019s dismissal of a case in the face of a successful motion to suppress doesn\u2019t preclude the federal government from prosecuting afterward. This is a recognition of dual sovereignty. United States … Continue reading