When will a federal prosecutor seek to bring a motion in a federal criminal case against a state prosecutor?

Appellant also offers a policy reason for applying state constitutional principles under the circumstances of this case. He asserts that if state law is not applied, a state prosecutor who is faced with evidence that might be suppressed in a state court prosecution may forum shop and instead use the federal courts. We are unpersuaded by this argument. A state prosecutor whose case relies on evidence that may be inadmissible in a state court trial has no power or authority to effect a prosecution in federal court. The initiation of a federal prosecution depends entirely on the discretion of the federal prosecutor. "[T]he courts should presume that the prosecution was pursued in good faith execution of the law. The prosecutor's discretion is limited by constitutional principles of equal protection and due process...." United States v. Bassford, 812 F.2d 16, 19 (1st Cir.), cert. denied, --- U.S. ----, 107 S.Ct. 1909, 95 L.Ed.2d 514 (1987) (footnote omitted). We find appellant's argument unpersuasive on the facts of this case.