141 S.Ct. 1638
U.S.2021Background
- Late-night stop on U.S. Highway 212 (a public right-of-way across the Crow Reservation): Crow police Officer James Saylor approached Joshua Cooley’s parked truck.
- Saylor observed Cooley "appeared to be non-native," had watery, bloodshot eyes, and saw two semiautomatic rifles in the cab; Saylor ordered Cooley out and conducted a patdown.
- While awaiting backup, Saylor observed a glass pipe and a plastic bag containing methamphetamine in plain view; arriving officers directed seizure of contraband; Cooley was taken to the Crow Police Department and further questioned.
- A federal grand jury indicted Cooley on drug and firearm charges; the district court granted Cooley’s motion to suppress the drug evidence.
- The Ninth Circuit affirmed, adopting a rule that tribal officers may stop a person only after first determining Indian status and, if non-Indian, only when a state/federal law violation is "apparent."
- The Supreme Court granted certiorari to decide whether tribal police may temporarily detain and search non-Indians on public rights-of-way within a reservation for potential violations of state or federal law.
Issues
| Issue | Plaintiff's Argument (U.S.) | Defendant's Argument (Cooley / Ninth Circuit) | Held |
|---|---|---|---|
| Whether tribal police may temporarily detain and search non-Indians on public rights-of-way within a reservation for potential state/federal law violations | Tribal officers retain inherent authority under Montana's second exception to address conduct that threatens tribe health/welfare | Tribes lack inherent criminal jurisdiction over nonmembers; Montana limits tribal authority and should bar such stops/searches | Yes. Tribal officers may detain/search non-Indians on reservation rights-of-way when investigating potential state/federal crimes (fits Montana second exception) |
| Whether tribal officers must first determine a person’s Indian status before detaining | No such prerequisite; requirement is impractical and undermines public safety | Ninth Circuit rule: must ask/establish Indian status first | Rejected. Court found the Ninth Circuit’s ask-first/apparent-violation rule unworkable and unnecessary |
| Whether federal cross-deputization statutes displace/limit tribal inherent authority | Statutes do not show Congress intended to divest tribes of this authority; statutes often assume tribal policing power | Cross-deputization framework regulates tribal policing and implies limitation on inherent authority | Court held statutes do not displace the tribal authority recognized under Montana; existing legislation does not negate it |
Key Cases Cited
- Montana v. United States, 450 U.S. 544 (1981) (establishes general rule that tribes lack authority over nonmembers but recognizes two exceptions, including power over nonmember conduct that affects tribe health/welfare)
- Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978) (tribes lack inherent criminal jurisdiction over non-Indians)
- Duro v. Reina, 495 U.S. 676 (1990) (tribal officers may detain and transport offenders to appropriate authorities when trial/punishment authority rests outside the tribe)
- Strate v. A–1 Contractors, 520 U.S. 438 (1997) (tribal courts lack jurisdiction over certain claims arising on reservation rights-of-way; acknowledged tribal police may patrol and detain to turn over nonmembers)
- Atkinson Trading Co. v. Shirley, 532 U.S. 645 (2001) (reiterates Strate: tribal police authority to patrol highways was not questioned)
- Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U.S. 408 (1989) (plurality opinion on tribal sovereignty separate from exclusion power)
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) (cautions that Montana exceptions are limited and must not swallow the general rule)
- Worcester v. Georgia, 6 Pet. 515 (1832) (describes tribes as distinct political communities exercising sovereign authority)
- United States v. Wheeler, 435 U.S. 313 (1978) (describes limits of tribal sovereignty and its dependent character)
- Nevada v. Hicks, 533 U.S. 353 (2001) (addresses tribal jurisdictional limits over nonmembers)
- South Dakota v. Bourland, 508 U.S. 679 (1993) (applies Montana framework to limits on tribal authority)