Security guards hired by the Flandreau Santee Sioux Tribe are subject to the unreasonable search provisions of the Indian Civil Rights Act, the South Dakota Supreme Court ruled on Thursday.

As agents of the tribe, the court said the guards should have obtained a warrant before searching the hotel room of Harry L. Madsen. The guards found a marijuana bud, which prompted drug charges against Madsen.

But since the guards violated ICRA's prohibition against unreasonable searches, the evidence must be suppressed, the court said.

Get the Story:
Supreme Court reverses drug conviction (AP 1/22)

Court Decision:
South Dakota v. Madsen (January 22, 2009)