The Double Jeopardy Clause, contained in the Fifth Amendment to the United States Constitution, states that no person can be “be subject for the same offence to be twice put in jeopardy of life or limb.” Given that seemingly clear language, it would stand to reason that someone who was arrested for a crime in Arizona could only be charged by the State of Arizona or by the federal government, but not both. However, in a recent U.S. Supreme Court opinion, a majority of the Court reaffirmed an old exception to the Double Jeopardy clause allowing a defendant to be prosecuted for the same crime under both state and federal law.
In that case, the defendant was pulled over when a police officer noticed that his vehicle had a damaged headlight. The officer smelled marijuana inside the defendant’s car, searched it, and found a handgun. The defendant was ineligible to own the gun because he had previously suffered a conviction for second-degree robbery. The defendant pleaded guilty in state court. Subsequently, the federal authorities indicted him for the same offense.
The defendant moved to dismiss the case, arguing that the federal conviction exposed him to double jeopardy for the same offense. The defendant’s motion was denied, and he appealed up to the U.S. Supreme Court.