• Square-facebook

SCOTUS: Tribal Police Have Authority to Detain Non-natives

Time to read
1 minute
Read so far

SCOTUS: Tribal Police Have Authority to Detain Non-natives

Posted in:

In a unanimous ruling reaffirming the sovereignty of Native American tribes, the U.S. Supreme Court on Tuesday declared that tribal police officers have the power to temporarily detain and search non-Native Americans on tribal land if they’re suspected of violating state or federal law.

The case, United States v. Cooley, involved a 2016 incident on the Crow Reservation in Montana where the defendant, Joshua James Cooley, was arrested after a Crow Police Department officer searched his vehicle and found weapons and methamphetamine.

Cooley was later indicted by a federal grand jury on drug and gun charges, but submitted a motion to suppress the drug evidence arguing that the tribal police officer lacked the authority to detain and search him because he is not Native American. The District Court and the Ninth Circuit Court had ruled in favor of Cooley’s argument, which the Supreme Court overturned.

In response to the ruling, the Muscogee Nation, which encompasses portions of Seminole County, issued the following statement:

“The Muscogee Nation applauds the Supreme Court’s unanimous decision today in United States vs. Cooley, to overturn the Ninth Circuit decision limiting tribal law enforcement authority. With the affirmation of our reservation status, now more than ever, it is imperative that tribal nations are empowered to exercise their sovereignty without limitations that impede tribal efforts to protect the public. To have the greatest impact on public safety for all who live and travel within our borders, our officers must not be restricted in performing their duties to protect and serve. This continues a welcome trend from the highest court in recognizing that the greatest benefit for prosperity in our lands is through adding resources and building capacity together. Further this demonstrates, as did the historic McGirt decision, that tribal sovereignty is not only a living and integral part of America’s story, but is a critical piece to a better future for this country.”