929 N.W.2d 21
Minn. Ct. App.2019Background
- Thompson, a non-member, arrived at Red Lake Indian Health Service Hospital and was observed by Red Lake officer Bendel to be intoxicated after nurse reported concerns; Bendel administered preliminary breath and field tests showing intoxication.
- Bendel detained Thompson, handcuffed him, read Miranda, placed him in Bendel's patrol car, and drove him to the Red Lake reservation boundary to meet Beltrami County Deputy Roberts.
- At the boundary Bendel transferred custody to Deputy Roberts, who arrested Thompson, read the implied-consent advisory, and obtained a chemical breath test showing .11 BAC; Thompson was charged with first-degree DWI.
- Thompson moved to suppress, arguing Bendel (a tribal officer) was not a "peace officer" under Minn. Stat. ch. 169A and thus his detention/arrest was unlawful, requiring suppression of evidence.
- The district court denied suppression, reasoning Red Lake is sovereign and tribal officers enforce tribal law; Bendel appealed the legal question to the appellate court.
- On appeal, the court assumed Bendel made an arrest but analyzed whether tribal officers may detain and deliver nonmembers to state authorities; it affirmed denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Red Lake tribal officer is a "peace officer" under MN DWI statute | Bendel is not a listed "peace officer" in Minn. Stat. §169A.03 and thus lacked authority to arrest | State: tribal officers enforce law on reservation; treating tribes as municipalities would be absurd | Held: Bendel is not a "peace officer" under §169A.03 |
| Whether Bendel arrested/detained Thompson unlawfully | Thompson: tribal officer lacked authority to arrest/nonmember on reservation—evidence should be suppressed | State: tribal officers may detain nonmembers and deliver them to state authorities; arrest by county deputy cured any defect | Held: Even assuming an arrest, detention and delivery to state officer was lawful under tribal exclusion authority |
| Whether Hester requires reversal here | Thompson: Hester invalidated convictions based on tribal officer acting as peace officer | State: Hester is distinguishable (involved implied-consent reading by tribal officer) | Held: Hester is distinguishable; here a state officer read implied-consent and obtained test results |
| Whether tribal exclusion/detention power extends to DWI suspects (nonmembers) | Thompson: tribal exclusion does not authorize arrest for state crimes | State: tribes have inherent power to detain/eject nonmembers and transfer to proper authorities | Held: Tribal officers may detain nonmembers who disturb order and deliver them to state/federal authorities; Bendel’s conduct lawful |
Key Cases Cited
- State v. Hester, 796 N.W.2d 328 (Minn. 2011) (tribal officer who read implied-consent advisory was not a state "peace officer" for DWI test-refusal statute)
- Duro v. Reina, 495 U.S. 676 (1990) (tribal power to restrain/eject nonmembers and deliver them to proper authorities)
- Strate v. A-1 Contractors, 520 U.S. 438 (1997) (tribal police may detain and turn over nonmembers stopped on a highway for conduct violating state law)
- United States v. Terry, 400 F.3d 575 (8th Cir. 2005) (tribal officers may detain non-Indians who disturb public order and notify county/federal authorities)
- Schmuck v. State, 850 P.2d 1332 (Wash. 1993) (tribal officer lawfully detained a non-Indian suspected of DUI and delivered him to state authorities)