Criminal Courts IP

Criminal Courts IP

It is unusual when a case proceeds through both the state and federal court systems. Read each of the court decisions identified below that discussĀ Michigan State Department of Police v. Sitz. This case involves the use by Michigan of driving under the influence (DUI) roadblock stops. Case decisions are as follows:

  • 496 U.S. 444 (1990)
  • 193 Mich. App. 690, 485 N.W.2d 135 (1992)
  • 443 Mich. 744, 506 N.W.2d 209 (1993)

Address the following questions after reading the assigned material:

  • What were the issues on appeal raised by Sitz in the Michigan appellate court?
  • How did the appellate court resolve those issues?
  • How did Sitz’s case enter the federal court system?
  • What issues did he raise before the United States Supreme Court?
  • How did the Supreme Court resolve the case?
  • What differences can you identify between the way the Michigan state courts addressed the issues raised by Sitz and how the Supreme Court addressed them?

Cite a minimum of 3 resources that aid in discussing the differences between state and federal courts. Particular emphasis should be placed on jurisdictional differences between state and federal courts and the various reasons why the Supreme Court had jurisdiction in the Sitz case.

 

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