Indianz.Com > News > Cronkite News: Supreme Court finally ‘got it right’ on tribal sovereignty

Tribal police can detain non-tribal suspects, Supreme Court rules
Friday, June 4, 2021
Cronkite News
WASHINGTON – Tribal police have the authority to detain non-Natives traveling through reservation land if the officer has a reasonable belief that the suspect violated state or federal law, the Supreme Court ruled Tuesday.
The unanimous ruling overturned lower courts that said a Crow police officer should not have held a nontribal member who was found to have drugs and weapons in his truck. The Supreme Court said that the lower courts’ rulings would “make it difficult for tribes to protect themselves against ongoing threats.”
Calls seeking comment Tuesday from Arizona tribes and tribal police agencies were not immediately returned. But advocates welcomed the ruling that one said addresses “a crucial issue of law enforcement and safety in Indian Country.”
“The Supreme Court got it right, and upheld tribal authority to do the bare minimum of what any police force should be able to do to protect their homeland and the public safety of members of the community,” said Heather Whiteman Runs Him, director of the Tribal Justice Center at the University of Arizona.

U.S. Supreme Court Decision: U.S. v. Cooley
Syllabus |
Opinion [Breyer] |
Concurrence [Alito] |
Full Document
Briefs: United States v. Cooley
Here are the briefs on the merits in support of tribal interests in United States v. Cooley.
Brief of Petitioner United States
Amicus Brief of National Indigenous Women’s Resource Center
Amicus Brief of the Lower Brule Sioux Tribe, et al.
Amicus Brief of Ute Indian Tribe
Amicus Brief of Indian Law and Policy Professors
Amicus Brief of National Congress of American Indians, et al.
Amicus Brief of Current and Former Members of Congress
Amicus Brief of Former US Attorneys
Amicus Brief of the Cayuga Nation, et al.
9th Circuit Court of Appeals Decisions
United States v. Cooley [Panel Decision] (March 21, 2019)United States v. Cooley [Denial of En Banc] (January 24, 2020)
Note: This story originally appeared on Cronkite News. It is published via a Creative Commons license. Cronkite News is produced by the Walter Cronkite School of Journalism and Mass Communication at Arizona State University.
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SCOTUSBlog: Supreme Court supports tribal sovereignty over non-Indians (June 3, 2021)Supreme Court backs tribal sovereignty in law enforcement case (June 1, 2021)
‘Endangers everyone on Indian reservations’: Supreme Court urged to respect tribal sovereignty (March 24, 2021)
U.S. Supreme Court: United States v. Joshua James Cooley (March 24, 2021)
SCOTUSBlog: Supreme Court takes up messy tribal sovereignty case (March 22, 2021)
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