Quote:
Originally Posted by AMS MIKE
^^^^^my eyes hurt from trying to read that and I am young!
bold and big font is not neccesary.
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In 1953, Congress passed P.L. 280, ceding to five states (“mandatory states”) jurisdiction
over Indian reservations within their borders and giving other states the option of assuming such
jurisdiction. This replaced the federal jurisdiction system that had previously been in place. P.L.
280 provides, in part:
each of the States listed . . . shall have jurisdiction over offenses committed by
or against Indians in the areas of Indian country . . . to the same extent that
security forces.” Tribal authority, as well as the jurisdiction and sentencing power of tribal
courts, is severely limited, however. While tribal officers may enforce tribal criminal law
against Indians on reservations, they have little authority over non-Indians on reservation lands.
They may detain, but not arrest, non-Indians who they suspect of violating the law, and must turn
them over to state or local authorities. There are limits to the amount of time tribal officials
may hold non-Indians while waiting for local authorities to arrive; if local authorities do not
arrive in time, tribal officials must release the suspect or face suit for false imprisonment. The power of tribal officers over non-Indians on reservation lands has been described as essentially a
citizen’s arrest power.
Unlike their state and local counterparts, state law generally treats tribal officers as
ordinary citizens when they are on non-reservation lands. They must comply with traffic laws, restrictions on vehicle markings, and other laws, while off-reservation. Thus, tribal officers
must cover their emergency light bars and comply with speed limits when traveling on non-
reservation lands, even if in pursuit of a suspect or responding to an emergency on a part of the
reservation that calls for use of non-reservation roads. They have no authority over non-
Indians off-reservation and may not pursue non-Indians off the reservation. Some complain that
they must watch helplessly as violators speed off the reservation in defiance of tribal authority.
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