Federal jurisdiction

There are four types of Federal jursdiction: Exclusive, concurrent, proprietary, and partial.

Exclusive jurisdiction of a property

The burden of proof that jurisdiction is not in state court is on the defendant. (People v. Crusilla (1999) 77 Cal.App.4th 141, 146.) In order for federal courts to have exclusive jurisdiction of a location, "there must be a surrender of jurisdiction by the State and an acceptance of jurisdiction by the United States." (People v. Brown (1945) 69 Cal.App.2d 602, 604.) One example of such a place is Camp Pendleton. "Camp Pendleton is a federal enclave and the federal government exercises exclusive criminal jurisdiction over it." (People v. Renteria (2008)165 Cal.App.4th 1108, 1115, citing United States v. Jenkins (9th Cir. 1983) 734 F.2d 1322, 1325.) For property acquired before 1940, it is presumed that the federal government accepted and consented to exclusive jurisdiction. (United States v. Jones (1883) 109 U.S. 513.) For property acquired in 1940 and afterwards, exclusive jurisdiction only happens when the federal government actually accepts jurisdiction, usually by filing some document with the Governor or the State Lands Commission. (40 U.S.C. § 255) The State Lands Commission will then file it with the county recorder. (Gov. Code, § 126, subd. (d.) The presumption is that the federal government has not accepted exclusive jurisdiction. (People v. Yates (1958) 165 Cal.App.2d 489, 493.) That the government maintains some form of law enforcement on the land, such as Military Police, is not evidence that the federal government has accepted exclusive jurisdiction. (People v. Brown (1945) 69 Cal.App.2d 602, 606.)

Even if the crime occurred on federal territory where the federal government has exclusive jurisdiction, a state court may still have jurisdiction if some part of the crime, such as the formation of intent, occurred inside the state. (Pen. Code, § 778a; People v. Renteria (2008) 165 Cal.App.4th 1108, 1117.)

Port of Entry

San Ysidro

"The United States has a proprietorial legislative jurisdiction over the inspection area of the Port of Entry, which includes the vehicle primary inspection area and the secondary inspection area, as well as the pre-primary roadway leading up to the facility." (People v. Crusilla (1999) 77 Cal.App.4th 141.)

There is a presumption of state jurisdiction in vehicle primary, pre-primary lanes, and secondary inspection. (People v. Crusilla (1999) 77 Cal.App.4th 141, citing People v. Brown ( ) 69 Cal.App.2d at p. 605.)