The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.
If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.
If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.
However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.
If the appellant is unsuccessful at the first level of the federal courts, she petition to go to higher courts within the U.S. Court of Appeals.
If the appellant has failed to find adequate legal relief at the highest level of the U.S. Court of Appeals, he/she may petition for the Constitutional issue to be heard by the United States Supreme Court.
References
Crime and Justice Volume II: The Criminal in the Arms of the Law, Edited by Sir Leon Radzinowicz and Marvin E. Wolfgang (1977). Basic Books Publishing.
Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication (4th Edition)(2006). Lexis-Nexis.
Larry J. Siegel, Introduction to Criminal Justice (12th Edition) (2010) Cengage Learning.
Bryan a. Garner, Black's Law Dictionary (8th Edition) (2004). Thomson West.
Terence J. Fitzgerald, Police in Society (2000). H.W. Wilson.
Constitution of the United States of America
U.S. Constitution, 4th Amendment
U.S. Constitution, 5th Amendment
U.S. Constitution,...
Constitution, 4th Amendment
Siegel, Introduction to Criminal Justice 314
Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication 6-8
Fitzgerald, Police in Society 28; Black's Law Dictionary -- "Probable Cause"
U.S. Constitution, 4th Amendment
Sir Leon Radzinowicz and Marvin E. Wolfgang, Crime and Justice Volume II: The Criminal in the Arms of the Law 28
Sir Leon Radzinowicz and Marvin E. Wolfgang, Crime and Justice Volume II: The Criminal in the Arms of the Law 28
Siegel 416
Siegel 418
Dressler and Michaels 8-9
Dressler and Michaels 8-9
Dressler and Michaels 10
Siegel 426
Dressler and Michaels 10-11
Dressler and Michaels 10-11
Dressler and Michaels 11
Siegel 385
Siegel 386
Siegel 392
Siegel 392
Siegel 392
Dressler and Michaels 11
Dressler and Michaels 11; U.S. Constitution, 6th Amendment
Dressler and Michaels 11; U.S. Constitution, 6th Amendment
Dressler and Michaels 11; U.S. Constitution, 6th Amendment
Dressler and Michaels 11; U.S. Constitution, 5th Amendment
Dressler and Michaels 11-12
Dressler and Michaels 11-12
Dressler and Michaels 11-12
Dressler and Michaels 11-12
Dressler and Michaels 11-12
Dressler and Michaels 12
Dressler and Michaels 12
Dressler and Michaels 12
Dressler and Michaels 12
