How police use the “double jeopardy” loophole to put you away for years after a traffic stop

By Free Republic | Created at 2025-01-13 20:52:33 | Updated at 2025-01-17 15:08:33 3 days ago

How police use the “double jeopardy” loophole to put you away for years after a traffic stop
motorbiscuit ^

Posted on 01/13/2025 12:30:13 PM PST by algore

Imagine you’ve had some trouble with the state police during a traffic stop search, but after years of legal fees and time in court rooms, you’ve finally plead the charges down to one year in prison and nine years of probation. But the day you get out your lawyer tells you the feds hit you with a charge—for the exact same crime. Suddenly, you’re facing years in prison all over again. That’s double jeopardy, and the Supreme Court says it’s here to stay.

Terrence Gamble’s double jeopardy nightmare Take the case of Terrence Gamble. Police in Alabama pulled him over for a broken headlight. They claimed they smelled marijuana and searched his car. They found two bags of weed and a gun. Because of a prior conviction, Gamble was charged with a felony weapons violation. He took a plea deal—10 years probation and one year in jail. But then the feds came knocking.

Attorney Jeff Hampton explains, “Because of Terrence’s prior plea in state court, the feds could use it against him in federal court.” Gamble had no choice but to take another plea deal. This time, he got three more years in prison—for the same crime.

“This loophole allows both prosecutors and police to exploit this,” Hampton says. Critics argue it’s unfair, but the Supreme Court says it’s legal.

The double jeopardy loophole explained The Fifth Amendment is clear. It says no one “shall be subject for the same offense to be twice put in jeopardy of life or limb.” But a loophole lets police and prosecutors work around this protection.

Hampton breaks it down: “There is a federal government and there is a state government and they are seen as separate sovereigns.” Because of this, “they can try to throw the book at you for the same crime in different courtrooms.”

He explains how it works. “State prosecutors pick up the phone. They call the federal prosecutor right across the street and start talking about your case.” If the state loses, “the feds still have an opportunity to bring another charge against the same person for the same offense.”

Hampton says this is not just a rare loophole—it’s a tool prosecutors use. “Both state and federal prosecutors will coordinate together on higher profile cases knowing that if they lose on the first round in state court, they have a second bite at the apple in federal court.”

And it’s not going away anytime soon. Hampton explains, “The Supreme Court ruled that a crime against two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.”

TOPICS:
KEYWORDS: doublejeopardy; jeopardy; terrencegamble

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Still sounds like Double Jeopardy to me, but I am not a lawyer

1 posted on 01/13/2025 12:30:13 PM PST by algore

To: algore

and they are seen as separate sovereigns

BS. The states are sovereign except on those issue reserved to the Federal Government in which case the federal government is sovereign. Dual sovereignty is a travesty of justice.

2 posted on 01/13/2025 12:34:04 PM PST by AndyJackson

To: algore

The issue is the federalization of crime. There should be a very small range of federal crimes and they should only cover federal issues. Possession is a local crime. Transport across state lines is federal.

This is a good example of why we don’t need Cornee’s federal law for I terstste carry. It is just an excuse to start layering on federal laws for concealed carry.

To: algore

I would like Congress to outlaw this, if possible. It is a travesty.

4 posted on 01/13/2025 12:36:44 PM PST by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)

To: algore

That’s double jeopardy,

No, it isn't. Double jeopardy is being tried twice for the same crime by the same sovereign. Despite decades of efforts by the enemies of the people, the states are still considered sovereigns over what happens within their borders.

The bigger issues is whether the feds even should have an interest in the crime. But that isn't the argument being presented.

Some states do have laws preventing a state prosecution for the same acts that the feds have already prosecuted (or did, I haven't looked at them in some years.)

At least the writer was courageous enough to show his ignorance in public.

As a final note, the criminal in this case broke the first rule - only commit one crime at a time. In this case he committed a traffic violation while committing a felony. Always inspect your car before transporting dope, particularly if you have a record and should know the cops will be watching for you to screw up.

5 posted on 01/13/2025 12:38:16 PM PST by PAR35

To: algore

Regarding double jeopardy.

You should either have to file a crime complaint OR a civil complaint but not both.

This is the way they get around double jeopardy.

To: AndyJackson

You're actually correct: unless the dope or gun were trafficked across state lines, the Feds actually have no case.

We're stuck with this because FDR effectively obliterated the Commerce Clause restriction on Fed police powers.

The Feds should not have the power to criminalize mere possession of anything: only crossing state lines or the border with it.

7 posted on 01/13/2025 12:40:41 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )

To: algore

8 posted on 01/13/2025 12:42:31 PM PST by Responsibility2nd (Man made Climate Change is Real. Cal. Officials responsible for the fires just proved it.)

To: FreedomNotSafety

The issue is the federalization of crime. There should be a very small range of federal crimes and they should only cover federal issues.

Bingo!

9 posted on 01/13/2025 12:43:27 PM PST by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)

To: algore

I expect Hunter Biden to use this to continue to plead the fifth and refuse to talk to Congress because Joetato only pardoned federal crimes, but he is still vulnerable to state prosecution.

10 posted on 01/13/2025 12:50:16 PM PST by KarlInOhio (“Forget it, Jake. It’s California.”)

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