WASHINGTON D.C. (NMB) – In a unanimous ruling on Tuesday, the United States Supreme Court ruled that tribal law enforcement can detain and search non-Natives on tribal lands.
The case, titled U.S. versus Cooley, dealt with a non-Native man arguing he was illegally searched after tribal law enforcement approached his parked vehicle on the Crow Reservation in Montana and found drugs and weapons in the vehicle.
The Tribal Officers said the search was legal because the man had “bloodshot” eyes and two guns were in plain view in the front seat.
Justice Samuel Alito ruled that tribal officers have the authority to stop a non-Native motorist if there is reasonable suspicion they broke the law, although a search can be conducted only to the extent necessary to protect themselves and others. If there is probable cause, a tribal officer can detain a non-Native for a “reasonable amount of time” in which it takes a non-tribal police officer to arrive at the scene.
