The Quinault Nation did not cede criminal jurisdiction to the state under Public Law 280, the Washington Court of Appeals ruled on June 3.
William Peter Pink, a tribal member, was stopped by a county sheriff for a minor traffic violation. A search of his vehicle turned up a rifle, which Pink said he used to exercise his treaty rights.
Pink was charged with unlawful possession of a firearm but he challenged the state's jurisdiction. He was stopped on a public road within reservation boundaries.
The court of appeals agreed with Pink and said the tribe's right-of-way for the road did not constitute a cession of criminal jurisdiction to the state. Washington falls under Public Law 280 but a tribe must consent to state jurisdiction, the court noted.
Get the Story:
Appeals court affirms Quinault jurisdiction in Public Law 280 case
(Indian Country Today 7/1)
Court Decision:
Washington v. Pink (June 3, 2008)
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