Tribal Police Authority Over Non-Indians on Reservations

What You Need to Know About the Authority of Tribal Police to Detain Non-Tribal Members on Reservations

In the case State v. Schmuck 121 Wn.2d 373 (1993), the Washington Supreme Court held that tribal police have the authority to stop and detain non-tribal members who are suspected of violating tribal law, even if the non-Indians are not members of the tribe.

The decision in State v. Schmuck is an important reminder of the inherent authority of tribal governments to enforce their own laws on their reservations. This authority includes the authority to detain non-Indians who are suspected of violating tribal law. However, the detention of non-Indians must be reasonable, and it must be based on probable cause.

What does this mean for non-Indians who visit reservations?

Non-tribal members who visit reservations should be aware that they may be subject to the enforcement of tribal law. If you are stopped by a tribal police officer, you should cooperate with the officer and provide your identification. If you are detained, you should ask the officer why you are being detained and what your rights are. You should also contact an attorney if you are charged with a crime.

Here are some tips for Non-tribal members who visit reservations:

Be aware of the tribal laws that apply to the reservation you are visiting.
Cooperate with tribal police officers if you are stopped or detained.
Ask the officer why you are being detained and what your rights are.
Contact an attorney if you are charged with a crime.

https://law.justia.com/cases/washington/supreme-court/1993/58987-9-1.html

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Additional Resources

Unlawful Detention Evidence in Washington

Evidence obtained after an unlawful detention may be challenged in court, potentially affecting the prosecution’s case and the admissibility of key evidence.
https://blanfordlaw.com/unlawful-detention-evidence-washington/

Washington Active Bar Members

Learn how to verify whether an attorney is licensed and in good standing with the Washington State Bar Association.
https://blanfordlaw.com/washington-active-bar-members/

RCW 9.41.250 Exceptions

Washington law prohibits certain weapons, but there are important statutory exceptions that may apply depending on the circumstances.
https://blanfordlaw.com/rcw-9-41-250-exceptions/

Home Detention Conditions in Washington

Home detention can be an alternative to incarceration, but participants must comply with strict court-ordered conditions and monitoring requirements.
https://blanfordlaw.com/home-detention-conditions-wa/

Understanding Tribal Court Jurisdiction

Tribal court jurisdiction and law enforcement authority often intersect with federal and state law, making jurisdictional questions complex for both tribal members and non-Indians.
https://blanfordlaw.com/tribal-police-can-detain-non-indians-on-reservations-but-there-are-limits/