From the Incident through the System Legally: Knowledge Base of Legal Concepts

California State University, Dominguez Hills
University of Wisconsin, Parkside
Latest update: January 16, 1999
Faculty on the Site.

A state issue refers to an issue that is governed by state law. As discussed elsewhere in the studyguide, all issues not specifically assigned by law or the Constitution to the federal courts remain state issues. (Tenth Amendment to the U.S. Constitution.)

Since article 1, section 28, subd. (d) of the California Constitution requires that there be no greater protection in the exclusion of evidence than those afforded by the federal constitution, the federal constitution is controlling. But the definition of what is and what is not state action in law enforcement procedures could still be considered a state law issue.

Authority and arguments: See Federal Common Law and Erie Doctrine - Federal General Common Law.