U.S. Supreme Court explores extent of tribal police authority

The case focused on drug-related charges brought against a man named Joshua James Cooley after Crow tribal police officer James Saylor found methamphetamine and firearms in his vehicle which was parked on a roadside on reservation land.

Cooley, who is not a Native American, argued that tribal police lacked jurisdiction over him even though his vehicle was searched on a public road situated on reservation land.

Although Lower courts ruled in favor of Cooley, The Supreme Court heard the federal government’s appeal backing tribal authority.

Existing precedent gives tribes criminal jurisdiction over tribe members but not non-tribe members, who can be prosecuted only by the state or the federal government.

The Supreme Court needs to determine how that distinction governs the power of tribal police officers when interacting with non-tribe members during roadside stops.

Justices expressed concern about public safety if tribal officers lacked the power to stop and detain non-Native Americans.

Chief Justice John Roberts, a conservative, noted that under Supreme Court precedent, tribes do retain some inherent authority to oversee their affairs.

“What could threaten that more than the idea that you can’t do anything about somebody within the reservation that you have good reason to believe is violating criminal law?” Chief Justice John Roberts asked.

Roberts, another conservative, noted that under Supreme Court precedent, tribes do retain some inherent authority to oversee their affairs