Tribal law enforcement authority to enforce state laws

The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific agencies, companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues.

The Internet references cited in this publication were valid as of the date of this publication. Given that URLs and websites are in constant flux, neither the author(s) nor the U.S. Department of Justice can vouch for their current validity.

Abstract

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.

Keywords:

• Tribes
• tribal law enforcement
• tribal policing
• tribal law enforcement authority
• tribal criminal jurisdiction

Acknowledgements

The authors wish to thank all those who were able to assist in the development of this article – most especially our colleagues in the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) and Office of Tribal Justice and the U.S. Department of Interior, BIA. Many thanks to Melissa Fox, editor for the COPS Office, for assisting in the review of drafts. Without the support from all our partners, this article would not have been possible.

Notes

The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific agencies, companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues.

The Internet references cited in this publication were valid as of the date of this publication. Given that URLs and websites are in constant flux, neither the author(s) nor the U.S. Department of Justice can vouch for their current validity.