United States v. Cooley

The Court relied on its decision in Montana v. United States, 450 U.S. 544 (1981), saying that a tribe retains authority over the conduct of non-Indians “when that conduct threatens or has a direct effect on the political integrity, economic security, or the health and welfare of the tribe.”

On an Indian reservation, a tribal police officer temporarily detained Defendant, a non-Indian, on a public right-of-way and conducted a search revealing methamphetamine and firearms. The United States petitions the Court on whether a tribal police officer has the right to detain and search a non-Indian on a public right-of-way. The district court granted Defendant’s motion to suppress the evidence seized by tribal police. The circuit court affirmed the holding reasoning that the tribal police officer had not “initially tried to determine whether Defendant was an Indian.” The Supreme Court vacated the Ninth Circuit’s judgment and held a tribal police officer has authority to temporarily detain and search non-Indians travelling on “public right of way running through a reservation” for either state or federal law violations. The Court noted no treaty or statute divests Indian tribes of the authority at issue. The Court relied on its decision in Montana v. United States, 450 U.S. 544 (1981), saying that a tribe retains authority over the conduct of non-Indians “when that conduct threatens or has a direct effect on the political integrity, economic security, or the health and welfare of the tribe.” Ninth Circuit’s Judgment VACATED; case REMANDED.