Criminal Procedure

The United States is governed by constitutional laws covering the entire nation.  The Constitution has allowed each state to put into effect its own laws to govern the boundaries of its state in order to maintain peace as per the law requires.  There sometimes occurs the passing of state laws and statutes which cause issue to be raised as to the constitutionality of the enforced law of the state.  When this occurs, the matter is generally processed through the confines of the legal system in search of clarification from the United States Supreme Court in reference to the law being constitutional or unconstitutional.
The stated scenario indicating that an out of town motorist was pulled over for speeding, and was ultimately charged for possession of state outlawed contraband.  The first question in the matter is jurisdiction.  Based on the property location, it would seem that the state of Connecticut does have jurisdiction. Jurisdiction is, a governments general power to exercise authority over all persons and things within its territory (Garner, 2001).  Under the statute being enforced it appears that in rem jurisdiction is more probable.  In rem jurisdiction allows a court to subdue rights to property and affords the state the right to seize it.  The legality of the statute is the second question.  Since the new statute limits the rights of people it should be termed as a disabling statute.
In 1977, the US Supreme Court ruled in Shaffer v. Heilner that a respondent must have a minimum level of purposeful contacts with the forum state before a court can gain jurisdiction.  The respondent was not looking to reside in the state and was merely a motorist who was passing through.  It is disabling and it infringes upon an individuals constitutional rights in the pursuit of life, liberty, and the pursuit of happiness.  Finally, the enforced statute would be easily trumped based on the Supremacy Clause (Wests Encyclopedia of American Law, 2005).  It simply states that all Federal law over rules a state statute and rules it unconstitutional.


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