Rosebud police certification at issue in federal court

Thursday, April 24, 2008  

The certification status of police officers for the Rosebud Sioux Tribe of South Dakota should not affect evidence gathered in criminal cases, a federal magistrate has recommended.

Robert L. Erickson, 28, filed a motion to suppress evidence gathered by tribal police officers. He cited their lack of certification under tribal law.

But Magistrate Judge Mark Moreno said evidence can only be suppressed for violations that arise under federal law. He said that didn't occur in Erickson's case because tribal police officers aren't subject to the U.S. Constitution.

The tribe has acknowledged that its officers lacked tribal certification. Nearly 300 criminal cases -- out of more than 3,000 typically filed every year in tribal court -- have been dismissed at the tribal level as a result.

At least four criminal defendants in federal court, have raised the certification issue in hopes of having evidence suppressed.

Get the Story:
Magistrate: Lack of police commissions not enough to throw out case (The Rapid City Journal 4/24)

Related Stories:
Editorial: A failure of justice on Rosebud Reservation (4/11)
Rosebud Sioux Tribe's chief of police resigns (4/8)
Rosebud police chief says officers are certified (4/2)
Certification of Rosebud Sioux officers at issue (4/1)