Does a federal officer have a greater right than a state agent to investigate at the request of a public carrier?

California, United States of America


The following excerpt is from Miramontes v. Superior Court, 102 Cal.Rptr. 182, 25 Cal.App.3d 877 (Cal. App. 1972):

Finally, it is noted that it may be that under federal law the federal officer had a greater right than a state agent to investigate at the request of a public carrier. (See cases collected, People v. Baker, supra, 12 Cal.App.3d at p. 837, 96 Cal.Rptr. 760.) A state doctrine which excluded evidence obtained as a result of proper federal action, might uphold the sanctity of the state's ideals of the administration

Page 189

No error can be predicated upon the prosecution's failure to call the federal agent as a witness.

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