State v. Clark, 308 P.3d 590

Break-in at Cascade and Columbia River Railroad facility on fee land within Omak and the Colville Reservation.
Clark, Colville Tribal member, resided on tribal trust land within the reservation, and was arrested for a different crime.
Detective sought a search warrant for Clark’s residence to obtain evidence of the CCRR break-in; the warrant was issued by OCDC, not tribal or federal court.
State charged Clark with burglary in the second degree, theft in the first degree, and malicious mischief; Clark moved to suppress the seized evidence, trial court denied.
Clark was convicted only of theft in the first degree; Court of Appeals affirmed; Washington Supreme Court granted review to address state authority to issue/execute warrants on tribal trust land.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State may issue and execute a warrant for tribal trust land when jurisdiction lies on fee land within a reservation.	Clark argues tribal court jurisdiction over trust land requires tribal warrants; state's warrant is invalid.	State contends absence of explicit authorization does not bar warrants; Hicks framework applies.	State may issue/execute warrant; no tribal preemption or required tribal warrant at time of search.

White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) (federal preemption and tribal sovereignty balance; state authority on reservation lands subject to accommodation)
Powell v. Farris, 94 Wn.2d 782 (1980) (state authority on reservation lands; limits by tribal sovereignty)
Hicks, 533 U.S. 353 (2001) (tribal sovereignty/federal preemption in executing state process on reservation lands)
Matthews, 986 P.2d 323 (Idaho 1999) (used as starting point for searches of reservation lands where Hicks distinguished)
Cayenne, 165 Wn.2d 10 (2008) (approve Hicks reasoning; off-reservation crimes)
Schmuck, 121 Wn.2d 373 (1993) (concurrent tribal/state jurisdiction considerations)
State v. Pierre, 66 Wn.2d 703 (1965) (state jurisdiction over crimes on fee lands within reservation)
State v. Cooper, 130 Wn.2d 770 (1996) (limits of state jurisdiction in reservation context)
State v. Garcia-Salgado, 170 Wn.2d 176 (2010) (Fourth Amendment and suppression)