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Tribal police can detain non-indigenous peoples, Supreme Court says, but cannot arrest: NPR

Jerome Lucero is the governor of Zia Pueblo, New Mexico, and one of the police officers.

Savannah Mar


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Savannah Mar

Jerome Lucero is the governor of Zia Pueblo, New Mexico, and one of the police officers.

Savannah Mar

In a recent patrol shift along US Highway 550 in northern New Mexico, police officer Jerome Lucero found a driver traveling at 30 mph in a 70 mph zone.

“It gave me a red light,” says Lucero. “So I started the lights and sirens, but it took about a mile to get them. [the driver’s] Note. “

As he approached the vehicle, another red flag stood.

“His pupils were restricted. They were very small like pinpoints. And he didn’t even know where he was heading. I thought he was still in Albuquerque. It was, “says Lucero.

In fact, the man was about 40 miles north of the city.

“Looking around his car, I could visually see that there was heroin in the central console and a lot of syringes in the door,” says Lucero.

This is usually a possible cause of arrest. But Lucero was a Pueblo police officer in the Zia police, and the driver was not a Native American, so Lucero had to think twice.

“When I pull someone, I have to take into account whether that person is native or non-native,” says Lucero.

Tribal law enforcement agencies usually do not have the authority to arrest, prosecute, or prosecute non-Indigenous peoples. Whether they are speeding up in tribal lands or committing violent crimes.

Last week USA vs. Coolie, U.S. Supreme Court Unanimously At the very least, while waiting for support from non-tribal law enforcement agencies, he investigated non-indigenous peoples suspected of committing crimes on the reservation and upheld the authority of detaining tribal officers.

This is the only authority to bind

That’s exactly what Lucero did in the event of this traffic outage. But he says the power to detain is limited.

“I started spinning for help, [the County Sheriff’s Office] I didn’t want to go out. They just said they were busy, “says Lucero.

New Mexico police first told Lucero that no police officer was tolerated, and later said he believed that state police were not authorized to arrest a man on tribal lands.

After waiting four hours, Lucero had no choice. He confiscated the man’s car and dropped him into a nearby unreserved town.

“He was a free man,” says Lucero.

Lucero is also the governor of Zia Pueblo and the supreme political leader. He must have the power to detain non-indigenous people who appear to be committing crimes on tribal lands, but if non-tribal law enforcement agencies are not willing to arrest, there is still a large amount of non-indigenous people left. A criminal who claims to be a loophole.

Elizabeth ReeseHe is an assistant professor at Stanford University Law School, which specializes in Indian law, and a citizen of Nambe Pueblo.

“Federal officials may not arrive there for hours or hours, the state police may not want to get involved, and the entire network An inexcusable swamp It’s because of the complexity and dysfunction that brings lawlessness and impunity to criminals, “says Reese.

Rethink tribal jurisdiction over non-indigenous peoples

This complex system was created by the US Supreme Court. In the 1978 ruling, Oliphant vs Suquamish Indian Tribe, The court deprived the tribal state of criminal jurisdiction against non-indigenous peoples.In Many opinionsThe judge wrote that he was “not indifferent” to the public security issues that would arise on the land of the tribes, but thought that it was not their role to consider or mitigate them.

When the court ruled last week, USA vs. Coolie, Reese says the judge did Take into account what happened on the ground.

“In that oral argument and unanimous opinion, I hear the courts are very concerned about public security issues. Serial killers can’t stop their cars on the highway, and drunk driving is on the road. About coming back to. Reese says.

She suspects that the court will one day reconsider the issue of tribal jurisdiction over non-Indigenous peoples and the precedents presented more than 40 years ago.

“I have this question in my mind as to whether this step of Coolie creates a slow-moving boulder collision course. Olifant“Reese says. “It could happen in the next few years or decades. Indian law moves slowly.”

lawyer Mary Katherine Nagle, A representative of the Cherokee people National Center for Indigenous Womens ResourcesI see changes coming again.

“This is the beginning of the end Olifant“Nagle says. Olifant It was a good law when it was decided, but it is not a good law today.the same as Plessy v. Ferguson It wasn’t a good law. The Supreme Court does not always make the right decision. “

Solving jurisdiction issues in India

But Nagle isn’t just seeking the Supreme Court to resolve jurisdiction issues within India.

“Parliament has constitutional authority to do this,” says Nagle.

Latest reauthorization of mopping Violence Against Women It includes provisions that give limited tribal jurisdiction to non-native domestic and sexual abusers who commit crimes on tribal lands. The bill has stagnated in the Senate, primarily over another provision regarding restrictions on gun ownership.

“The recognition that local governments should have the right to protect the people of their communities without relying on the federal government or external sovereignty is at the heart of conservative values,” says Nagle. “We need to get some Republican friends to say that women’s security is not a partisan issue.”

A more complete jurisdiction amendment would also be a tough sale in Congress. Some members of Congress oppose the expanded tribal jurisdiction because non-natives lack political representation of the settlement. But Nagle does not accept the explanation.

“I think it’s just prejudice that is blocking a handful of people who can’t keep their tribal jurisdiction. [Native people] It’s about law enforcement and the court system, “says Nagle.

Lucero, Governor of Zia Pueblo, agrees that there is prejudice and a double standard here.

“We have no authority [over non-Natives] It’s in our settlement, but when we Native Americans get out of the settlement, we have full jurisdiction over us, “says Lucero.” So what’s the difference? Seeing that happening to us Native Americans makes my heart sad. “

Whether it’s parliament or court, Lucero welcomes solutions to the judicial problems he faces every day. He says the Zia Pueblo community will not be really safe until his department has jurisdiction over non-natives.

Tribal police can detain non-indigenous peoples, Supreme Court says, but cannot arrest: NPR

Source link Tribal police can detain non-indigenous peoples, Supreme Court says, but cannot arrest: NPR

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