[20210401]LSB10561_高等法院将审查部落警察搜查和扣押案件.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i 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 officers authority to make a traffic stop, detain, and investigate a non-Indian on non-tribal land within a tribes reservation in the absence of an “apparent” or “obvious” violation of federal or state law. During oral arguments, the Justices raised concerns about possible risks to public safety. Justices Breyer and Alito 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 Cohens Handbook on Federal Indian Law): The Supreme Court has consistently reaffirmed the authority of tribal police to arrest offenders within Indian country and detain them until they can be turn