Posted on Jun 9, 2021
Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain
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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 >1 y ago
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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.
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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.
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