The Ninth Circuit’s dismissal of drug possession charges stemming from a traffic stop on an American Indian reservation will stand after the court declined to rehear a panel ruling that tribal police had no authority to search the non-Indian’s car.
Tribal police don’t have authority over non-members, but they may stop a vehicle on a public right-of-way if it is violating the law—which was not the case here—a majority of the full court said in denying the request for either en banc review or a rehearing.
If a federal law has been violated, then tribal police may detain a non-tribal ...
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