268 P.3d 644
Or. Ct. App.2011Background
- Officer Rico stopped a car matching a hit-and-run description that entered the Warm Springs Reservation.
- Defendant crossed into the reservation, tires were deflated by tack strips, and he was detained inside the reservation by tribal officers.
- Rico, with tribal officers, performed a high-risk stop, arrested defendant, and transported him to Jefferson County Jail after smelling alcohol and noting slurred speech.
- Defendant’s blood-alcohol was .18% at the jail; charges included eluding, failing to perform duties of a driver, driving under the influence, and reckless driving.
- Defendant moved to suppress arguing Rico lacked authority to stop/arrest on the reservation; trial court denied the motion.
- Issue on appeal: whether nontribal police may arrest a tribal member on the Warm Springs Reservation during hot pursuit under WSTC 310.120.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nontribal police may arrest on the Warm Springs Reservation during hot pursuit | Rico had authority under WSTC 310.120 in hot pursuit. | WSTC 310.120 does not authorize nontribal arrest on the reservation. | Yes; nontribal officer may arrest on reservation under hot pursuit. |
Key Cases Cited
- State v. Caprar, 214 Or.App. 434 (2007) (standard for reviewing suppression rulings)
- State v. Hall, 339 Or. 7 (2005) (arrest as a seizure under Article I, section 9)
- State v. Gaines, 346 Or. 160 (2009) (statutory construction framework)
- State v. Kurtz, 350 Or. 65 (2011) (Warm Springs tribal officer arrest authority on reservation boundary)