Supreme Court wrestles the question of tribal power during arrests

[Objective Voice]

An interesting case is before the Supreme Court concerning policing powers of Native American LE over non-Indians who are detained on tribal lands. For me, the decision is an easy one. If you're travelling through Indian territory even in a state and you've violated the law OR you're suspected of having committed a crime OR there is probably cause to suspect you've committed a crime, Native-American LE should have the right to search, detain and arrest you just like any other police officer even if you're stopped on an inter-state highway that passes through Indian territory.

Let's say, for example, I'm a GA resident travelling along I-20 through AL en-route to TX. I get pulled over in MS. MS State Troopers have the right to stop me, search me, detain me and arrest me depending on the circumstances and the crime I've committed. Why? Because I've crossed over into their jurisdiction - the state of MS. Doesn't matter that I'm from out-of-state. I've committed a crime in the state of MS despite the fact that the crime was committed on an interstate highway. Same concept should apply where Indian territory is concerned. I see no difference.

Should the SC rule differently, it re-enforces the precedent that Native Americans, for example, are only safe while on the Reservation but non-Native Americans can go anywhere and do pretty much anything without consequence. IMO, there are two solutions to such a ruling in favor of non-Native Americans:

1. You designate that strip of interstate roadway "Indian land". Rename that stretch of road "Indian Route (___) same as each state does with rural routes or state highways. This way, Native-America LE has complete jurisdiction over those who use the access route into their lands.
2. Divert traffic on that segment of the interstate around Native American territory. It could still be an interstate highway; it would just take drivers longer to transverse it.

Source: USA Today, "Supreme Court wrestles with complex questions of tribal power arising from late-night traffic stop"

 

[Lursa]

Should the SC rule differently, it re-enforces the precedent that Native Americans, for example, are only safe while on the Reservation but non-Native Americans can go anywhere and do pretty much anything without consequence. IMO, there are two solutions to such a ruling in favor of non-Native Americans:

1. You designate that strip of interstate roadway "Indian land". Rename that stretch of road "Indian Route (___) same as each state does with rural routes or state highways. This way, Native-America LE has complete jurisdiction over those who use the access route into their lands.
2. Divert traffic on that segment of the interstate around Native American territory. It could still be an interstate highway; it would just take drivers longer to transverse it.

Source: USA Today, "Supreme Court wrestles with complex questions of tribal power arising from late-night traffic stop"

The linked article mentioned another solution, and one that's in place in other tribal areas: joint jurisdictional authority for the tribal officers. (This would be one where officers are sworn in for multiple jurisdictions. Other areas have joint 'agreements' with local authorities.)

And in terms of safety, I can see a major upside for safety for the tribes if they get to fully retain (or share jurisdictionally) authority. On that particular tribal area, there were no joint agreements. One of the examples SCOTUS examined was ''what if a non-tribal person was pulled over for drunk driving? Could they be detained?" Under current law, no they could not. Meaning that the tribal officer would have to allow a potentially dangerous driver go on his way thru his own tribal lands, putting tribe members and other members of the public at risk.

 

[Objective Voice]

The Supreme Court ruled in favor of the Native American Indian tribe, but it seems it did so on a limited jurisdictional basis.

The NAI police officer can detain the perpetrator only until state police arrive on the scene. I think this is watered down law, but at least it provides an umbrella of protection for Native Americans. To deny their police force the ability to detain law breakers (or suspected law breakers) in their territory would be akin to allowing a foreigner free passage throughout the country just because s/he's a non-US citizen. I get diplomatic immunity but that would carrying things too far!

Source: USAToday.com - "Supreme Court: Tribal police may detain non-Native Americans on reservation highways"