259 P.3d 1079
Wash.2011Background
- Officer McSwain of the Lummi Nation Police observed Eriksen driving with high beams on and then stopping a second vehicle at a gas station off the reservation where Eriksen switched from driver to passenger seat.
- McSwain determined Eriksen was not a tribal member and detained her in the back of his patrol car pending arrival of a Whatcom County deputy.
- Eriksen exhibited signs of intoxication; she refused sobriety tests, swayed, and had unclear balance, leading to her arrest by county authorities.
- The stop and initial detention occurred on ordinary state land outside the Lummi Reservation boundaries.
- Eriksen was charged with DUI in Whatcom County, and she challenged the stop as outside the tribe’s territorial authority.
- The superior court and appellate proceedings upheld the conviction before the Washington Supreme Court reconsidered the issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Lummi Nation has inherent authority to stop and detain off-reservation non-Indians for a traffic infraction. | Eriksen | Eriksen | Inherent authority does not extend off-reservation |
| Does Schmuck authorize off-reservation detention of a non-Indian for DUI when the danger to health and welfare persists after leaving the reservation? | Eriksen | State | No, Schmuck does not authorize off-reservation detention under these facts |
| May Settler v. Lameer justify off-reservation enforcement of tribal regulations for non-fishing offences? | Eriksen | State | Settler narrow to fishing context; not applicable to traffic law off-reservation |
| Is the Treaty of Point Elliott sufficient to extend tribal traffic enforcement beyond reservation boundaries? | Eriksen | State | No explicit treaty grant; article IX is irrelevant to detaining off-reservation individuals |
| Should the court apply the citizen's arrest doctrine to validate the stop and detention? | Eriksen | State | Court declines to reach; majority resolves on inherent sovereignty grounds |
Key Cases Cited
- State v. Barker, 143 Wash.2d 915 (2001) (stop and detention outside jurisdiction without authority is unlawful)
- Schmuck, 121 Wash.2d 373 (1993) (tribal authority to stop/detain within reservation for tribal enforcement against non-members)
- Settler v. Lameer, 507 F.2d 231 (9th Cir. 1974) (off-reservation enforcement limited to fishing regulations with explicit treaty provision)
- Montana v. United States, 450 U.S. 544 (1981) (Montana exceptions; civil regulatory authority within reservation for non-Indians)
- Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (tribes lack jurisdiction to prosecute non-members for crimes committed against non-Indians on tribal lands)