State v. Boyd
State v. Boyd
Opinion of the Court
The defendant was arrested and arraigned on an information issued by this court charging him with the crime of carrying a weapon in a motor vehicle in violation of § 29-38 of the General Statutes. The penalty provided by the statute is a fine of not more than $1000 or imprisonment for not more than five years or both. This crime is among the offenses which may be taken jurisdiction of in the Circuit Court or, on the recommendation of the prosecuting attorney, bound over to the Superior Court. § 54-1a. The Superior Court has concurrent jurisdiction with the Circuit Court of the defendant’s case. §§ 54-1a, 54-17.
On February 3, 1968, the defendant moved this court to suppress any and all evidence, tangible or
The pertinent part of § 54-33f reads: “A person aggrieved by search and seizure may move the court which has jurisdiction of his case or, if such jurisdiction has not been invoked, then the court which issued the warrant, for the return of the property and to suppress for use as evidence anything so obtained . . . .” According to Webster, New Collegiate Dictionary, “invoke” means “to appeal to for support; to cite.”
The jurisdiction of the Superior Court over a criminal case may be assumed by the issuance of a bench warrant by that court or a judge thereof for the arrest of the person complained against by the state’s attorney. § 54-43. Or the jurisdiction of the Superior Court may be invoked by the Circuit Court when the prosecuting attorney of that court recommends that the defendant be bound over to the Superior Court “where the offense is of so aggravated a nature as to require a greater punishment” than
If the legislature had intended that both the Superior Court and the Circuit Court may be moved to suppress evidence in a case, it would have made the legislative intent manifest by merely providing that a person aggrieved by search and seizure may move the court in which his case is pending for the return of property or the suppression of evidence.
The state’s motion is granted and the motion to suppress is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.