A decision from the 9th Circuit Court of Appeals describes the limited powers that tribal law enforcement have over non-Indians.

Tribal police may detain non-Indians for "obvious violations" such as drunk-driving, the court said. The non-Indians have to be turned over to state authorities, the decision stated.

"But inquiry going beyond Indian or non-Indian status, or including searches for evidence of a crime, are not authorized on purely tribal authority in the case of non-Indians,'' Judge William Canby Jr wrote for the majority.

The decision arose from a roadblock set up by Tohono O'odham Nation police on an Arizona state road. A non-Indian man said the stop violated his constitutional rights.

Canby acknowledged that Tohono O'odham officers are authorized to enforce state law. But when they do, they will be held to the U.S. Constitution, the decision stated.

"We recognize that one result of our ruling is that tribal officers who are authorized to enforce state as well as tribal law, and proceed to exercise both powers in the operation of a roadblock, will be held to constitutional standards in establishing roadblocks," Canby wrote.

"If a tribe wishes to avoid such constitutional restraints, its officers operating roadblocks will have to confine themselves, upon stopping non-Indians, to questioning to determine non-Indian status and to detention only for obvious violations of state law," Canby continued.

Get the Story:
Court limits tribal roadblocks (Capitol Media Services 8/5)

10th Circuit Decision:
Bressi v. Ford (August 4, 2009)