Puerto Rico Cannot Invoke Dual-Sovereignty Exception to Fifth Amendment

The Supreme Court ruled that Puerto Rico, due to its status as a territory, cannot invoke the dual-sovereignty exception of the Fifth Amendment in prosecuting the same defendant twice for the same crime

Puerto Rico v. Sanchez Valle, 2016 BL 184213, U.S., No. 15-108, 6/9/16.

    The 6-2 decision bars Puerto Rican and U.S. authorities from prosecuting the same person for a crime under similar federal and territorial laws. The ruling, in practice however, will likely affect only a small number of cases where local and federal offenses overlap or are identical. In reaching this conclusion, the Court found that Puerto Rico’s ultimate source of authority was from the federal government, not "the people of Puerto Rico." Congress granted Puerto Rico the authority to create a constitution, which allowed them to prosecute criminal actions. This power and authority, however, does not run parallel with that of the United States, but is derived from the federal government directly.

http://www.bloomberglaw.com/public/document/Puerto_Rico_v_Sanchez_Valle_No_15108_US_June_09_2016_Court_Opinio.