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Gray Area of Tribal Police

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  • Gray Area of Tribal Police

    Read this article: https://news.yahoo.com/u-supreme-cou...160741844.html

    I can see if in the middle of the reservation on a reservation maintained road. Would.be hard to call the local law enforcement due to many if not all locals have no jurisdiction/authority on reservation land. But since on a public highway that goes through the reservation there needs to be some sort of cross sworn going on. I get reservations are sovereign lands but folks need to be held accountable for crimes they commit. How is it we hold foreigners visiting the US accountable but non-Native Americans cannt be held accountable for their actions on tribal lands. Seems dumb to me.

    Thoughts....
    I'd rather be judged by 12 rather carried by 6.

    It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

  • #2
    Law enforcement in Indian Country is complicated, and there is a lot of cross swearing-in. Depending on the circumstances, any crime committed on a reservation falls under tribal, federal, or state authority, so non-tribal members are not immune from the law if they commit a crime on tribal land. It is a matter of whose case it is.

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    • #3
      When it comes to tribal sovereignty and what gets enforced on reservation land and who gets unique treatment and where the Yaganash (Ojibwa slang for non-tribal) have jurisdiction and authority, consider me lost, at least from a practical, real-world enforcement perspective.

      I'm in a state with 20 (or about) recognized tribes. Thanks to the many casinos built 20 years ago, they were able to hire very effective lawyers to file lawsuits exerting treaty rights regarding hunting and fishing on native land boundaries drawn in the 1800s. As a result, now, state game wardens have no authority if they encounter a tribal member shooting bald eagles for headdress feathers or seine net fishing every salmon out of a river. Any violations involving tribal members are turned over to their respective tribal conservation department, which sounds great until you read their regulations. Kill an eagle? $100 fine and you get to keep the feathers. Poach a deer? No penalty unless you didn't harvest the meat. I'm all about recognizing sovereign jurisdictions but it's hard to take serious what is obviously silly.

      In this era of perpetual atonement and wokeness about the sins of colonialism, I see a future that is more muddy, not less, on what badge has jurisdiction over what person on whatever square foot of land they happen to be standing on....
      Last edited by Ratatatat; 03-24-2021, 09:39 AM.
      If it is all beautiful you can’t believe it. Things aren’t that way.

      -Ernest Hemingway

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      • #4
        [QUOTE=Ratatatat;n6988317

        In this era of perpetual atonement and wokeness about the sins of colonialism, I see a future that is more muddy, not less, on what badge has jurisdiction over what person on whatever square foot of land they happen to be standing on....[/QUOTE]

        Agreed, it's going to get to really cloudy. I know 80% of the US has little dealings with tribal lands but there has to be some clarity. I remember with the pipeline construction there were issues with workers commiting crimes on tribal lands. Sadly thee are several crimes committed that go unhandled because of jurisdiction BS
        I'd rather be judged by 12 rather carried by 6.

        It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

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        • #5
          Just refer those miscreants to “Hector”...
          Now go home and get your shine box!

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          • moparfan
            moparfan commented
            Editing a comment
            Do they run a. "Red Pony" bar as well,

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