Lummi Nation police officers retain "inherent sovereign authority" to pursue people off the reservation, the Washington Supreme Court ruled on Thursday.
The court cited the 1855 Treaty of Point Elliott, which contains a provision that requires the tribe to turn over people who violate U.S. law to the proper authorities. That would apply to the case of a non-Indian motorist who was observed driving erratically on the reservation but wasn't stopped until she left the reservation.
"Tribal police officers are often first responders when problems arise on
reservations, but it is not always apparent during the investigation stage whether the
tribe possesses jurisdiction over the offender," the decision stated.
"In recognition of this problem the Supreme Court has consistently affirmed tribal police have authority to detain non-Indian offenders until they can be turned over to authorities with jurisdiction."
The tribal officer in the case did not claim the authority to arrest the non-Indian motorist. He only detained her until county authorities arrived on the scene.
Get the Story:
State Supreme Court says tribal police can pursue off reservation
(AP 9/17)
Washington Supreme Court Decision:
Washington v. Ericksen (September 17, 2009)
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