Posted on Jun 9, 2021
Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain
842
50
13
12
12
0
https://www.npr.org/2021/06/09/ [login to see] /supreme-court-rules-tribal-police-can-detain-non-natives-but-problems-remain
On a recent patrol shift along U.S. Highway 550 in northern New Mexico, police officer Jerome Lucero spotted a driver going 30 mph in a 70 mph zone.
"That gave me a red flag," Lucero says. "So, I initiated my lights and sirens, but it took me about a mile to get [the driver's] attention."
When he approached the vehicle, there were more red flags.
"His pupils were restricted. They were so tiny, like a pin dot. And he didn't even know where he was going. He thought he was still in Albuquerque," Lucero says.
In fact, the man was about 40 miles north of the city.
"When I looked around his vehicle, I could see visually that he had heroin in the middle console, and a bunch of syringes in his door," Lucero says.
Typically, this would add up to probable cause for an arrest. But Lucero is an officer with the Pueblo of Zia's police department, and the driver was non-Native American. So, Lucero had to think twice.
"When I pull someone over, I have to take into consideration whether they're Native or non-Native," Lucero says.
On a recent patrol shift along U.S. Highway 550 in northern New Mexico, police officer Jerome Lucero spotted a driver going 30 mph in a 70 mph zone.
"That gave me a red flag," Lucero says. "So, I initiated my lights and sirens, but it took me about a mile to get [the driver's] attention."
When he approached the vehicle, there were more red flags.
"His pupils were restricted. They were so tiny, like a pin dot. And he didn't even know where he was going. He thought he was still in Albuquerque," Lucero says.
In fact, the man was about 40 miles north of the city.
"When I looked around his vehicle, I could see visually that he had heroin in the middle console, and a bunch of syringes in his door," Lucero says.
Typically, this would add up to probable cause for an arrest. But Lucero is an officer with the Pueblo of Zia's police department, and the driver was non-Native American. So, Lucero had to think twice.
"When I pull someone over, I have to take into consideration whether they're Native or non-Native," Lucero says.
Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain
Posted from npr.org
Native Americans
Police
Law Enforcement
Supreme Court
Posted 3 y ago
Responses: 5
8
8
0
There is a simple solution. Pass a law granting tribes jurisdiction over non-Indians.
(8)
(0)
Capt Gregory Prickett
Patricia Overmeyer - There are a bunch of bad laws dealing with Indians. The law Means was testing was the Major Crimes Act, which was passed in response to Ex parte Crow Dog, and it lumped all Indians together, so that any tribal court could pass judgment on an Indian of a different tribe.
They need to go back to treaties, instead of laws passed by Congress.
They need to go back to treaties, instead of laws passed by Congress.
(2)
(0)
Patricia Overmeyer
Capt Gregory Prickett - Means got not one ounce of respect from the AZ tribal nations for taking that case up. He quickly became persona non grata. Gee, I wonder why since his father-in-law ended up in ICU.
It's a real thorn to be told that one particular tribal nation court doesn't have jurisdiction over a different tribal nation member who commits crimes on a different reservation. Although I know there is also a huge question regarding ancient enmity between tribes. Apaches don't want to be tried by Tohono O'Odham who don't want to be tried by Dine who don't want to be tried by Hopi, etc.
The problem still remains that tribal nations have a right to criminal and civil laws which should control all people within the exterior boundaries of the tribal nation. It would be great to go back to treaties but not all tribes have/had treaties with the US. The Pascua Yaqui down here never had a treaty because they weren't part of the Dawes Rolls, etc. and they weren't considered a tribe by the US. And we have a bunch of tribes on the East Coast that have finally been recognized as tribal nations, even though they never had treaties. Don't even get me started on the stupid Dawes rolls.
It's a mess. What needs to be done is that tribal nation courts should have jurisdiction over anyone located within their exterior boundaries. Both civil and criminal cases. Best long arm statute I ever read was in a tribal nation constitution. That tribe has jurisdiction over their members wherever located in the universe. Intergallactic court anyone?
It's a real thorn to be told that one particular tribal nation court doesn't have jurisdiction over a different tribal nation member who commits crimes on a different reservation. Although I know there is also a huge question regarding ancient enmity between tribes. Apaches don't want to be tried by Tohono O'Odham who don't want to be tried by Dine who don't want to be tried by Hopi, etc.
The problem still remains that tribal nations have a right to criminal and civil laws which should control all people within the exterior boundaries of the tribal nation. It would be great to go back to treaties but not all tribes have/had treaties with the US. The Pascua Yaqui down here never had a treaty because they weren't part of the Dawes Rolls, etc. and they weren't considered a tribe by the US. And we have a bunch of tribes on the East Coast that have finally been recognized as tribal nations, even though they never had treaties. Don't even get me started on the stupid Dawes rolls.
It's a mess. What needs to be done is that tribal nation courts should have jurisdiction over anyone located within their exterior boundaries. Both civil and criminal cases. Best long arm statute I ever read was in a tribal nation constitution. That tribe has jurisdiction over their members wherever located in the universe. Intergallactic court anyone?
(1)
(0)
Capt Gregory Prickett
Patricia Overmeyer - One of the most interesting conversations I ever had with a lawyer was on this subject, where I took the same position, that the tribe should have complete jurisdiction over anyone within the boundaries of their territory. He was arguing against it, because it wouldn't be "fair". I asked him if he was from Texas and committed a crime or tort in Oklahoma, if Oklahoma had the right to try him, or if he went to Germany, whether the German courts could try him.
His argument was that the tribes were not ready to govern themselves. SMH...
His argument was that the tribes were not ready to govern themselves. SMH...
(2)
(0)
Patricia Overmeyer
Capt Gregory Prickett - The tribes weren't ready to govern themselves? WTF was he thinking they did prior to the arrival of the Europeans? I may not want to know the answer to that question. Probably that the tribal government isn't as good as the white government. GAH!
(1)
(0)
3
3
0
On ewould think they could, or SHOULD, be able to use the same system as MP's (and DOD police) do with civilians on installation, or in concurrent jurisdictiaon areas (US and State Highways). That's the Federal Magistrate system where State Laws are "assimulated," and heard in federal court. State point systems and punishments all apply. Seems logical that Tribal Police should be able to do the same thing.
(3)
(0)
3
3
0
PO1 William "Chip" Nagel: This was a narrow opinion in that it only allows for a search and temporary detention on public right of ways through tribal lands. It's not as wide sweeping as the article states. So if you have a non-tribal person who is on tribal land but not on a public right of way (i.e. in a driveway, tribal street off the main federal/state highway, etc.), the search and temporary detention will get the tribal police nowhere. It's a tiny step in the right direction to overturn Oliphant and its progeny, but there is a long way to go to get that done. As we say, tribal courts have only as much jurisdiction as the US Congress allows them. Meh.
(3)
(0)
Read This Next
Continue with Facebook 
Continue with Google