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1 1 (April 1, 2021)

handle is hein.crs/govecwu0001 and id is 1 raw text is: - Congressional ______ *.Research Service inforrng thel egisltive debate since 1914_________________ High Court to Review Tribal Police Search and Seizure Case Updated April 1, 2021 Update: On March 23, 2021, the Supreme Court heard oral arguments in the tribal police search and seizure case covered in this post, United States v. Cooley. The case challenges a tribal police officer's authority to make a traffic stop, detain, and investigate a non-Indian on non-tribal land within a tribe's reservation in the absence of an apparent or obvious violation offederal or state law. During oral arguments, the Justices raised concerns about possible risks to public safety. Justices Breyer andAlito each pointed out the difficulty that tribal officers may confront in determining who is an Indian subject to tribal investigative authority. Justice Kavanaugh noted that dicta in Supreme Court cases have guided ... law enforcement for several decades to act based on the following understanding (summarized in Cohen's Handbook on Federal Indian Law): The Supreme Court has consistently reaffirmed the authority of tribal police to arrest offenders within Indian country and detain themuntil they can be turned over to the proper authorities, even if the tribe itself would lackcriminal jurisdiction. The Court also discussed the implications of relying on the cross-designation statute to deputize tribal law enforcement officers to performfederal law enforcement duties. A decision in United States v. Cooley is expected before the Court's summer recess. The original post from December 14, 2020, is below. On November 20, 2020, the U.S. Supreme Court added United States v. Cooley to the cases it will hear this term. Cooley brings into focus the jurisdictional maze complicating criminal law enforcement on Indian reservations. The Court is to evaluate whether (or to what extent) a tribal police officer may detain and search a non-Indian on a public highway running through an Indian reservation. More specifically, the parties disagree about the scope of a tribal police officer's authority to investigate-through questioning or search-when criminal behavior is reasonably suspected, but is not apparent or obvious. This case implicates the constitutional right to be free from unreasonable searches and seizures, but it also raises questions about the scope of tribal sovereignty and tribes' authority to protect their lands and members from criminal activity. Congress may wish to consider legislation to clarify the rights and responsibilities of tribal and non-Indian parties when conflicts like this arise. Congressional Research Service https://crsreports.eongress.gov LSB10561 CRS Legal Sidebar Prepared for Membersand Committeesof Congress

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