Here are the relevant materials in United States v. Fowler (D. Mont.):
cross-deputization agreements
Cross Deputization for Pokagon Band of Potawatomi and County Officers
Link to South Bend Tribune article here.
Excerpt:
In the meantime, the deal will allow tribal police officers to enforce Indiana laws in St. Joseph County, including on the 1700 acres of Pokagon land near North Liberty and the 166 acres between Prairie Avenue, Locust Road and the St. Joseph Valley Parkway.
“With the Pokagon Band restoring the tribal village here in South Bend, we thought it was our duty to work with St. Joseph County to enhance public safety in this area,” said tribal Chairman John Warren.
News Article on Possible Cross-Dep between GTB and Grand Traverse County
From local TV:
Grand Traverse County could be getting new officers, but without hiring any new ones. It’s part of a cross deputization proposal from the Grand Traverse Band of Ottawa and Chippewa Indians. What are the implications and how might it give a boost to the sheriff’s department budget?
The details are tonight’s Fact Finder Report.
We may all live in northern Michigan, but a complicated past has left some of us in different legal territory.
John Petoskey, General Council for the Grand Traverse Band of Ottawa and Chippewa Indians says, “Because of the history of the relationship between tribes in the U.S. tribes do not have criminal jurisdiction over non tribe members and the state does not have criminal jurisdiction over tribal members.”
One aspect of that relationship may be changing.
The Grand Traverse Band and Grand Traverse County are discussing a cross deputization agreement.
Petoskey says, “What the cross deputization agreement would provide is the ability of the officer on the ground to make the arrest and sort out who has jurisdiction the next day.”
Right now if there’s a non tribal member breaks the law on property owned by the tribe, like Turtle Creek Casino, right now tribal officers can kick them off the property for trespassing, but that’s about it.
Petoskey says, “If we had a cross deputization agreement the tribe would be acting as deputies of Grand Traverse County to affect the arrest. The prosecution would still take place in Grand Traverse County though.”
Currently the Grand Traverse Band has similar agreements in 4 area counties; Charlevoix, Antrim, Benzie and Leelanau counties. He says those agreements are each for a number of years, but can be rescinded with a 30 day notice. And tribal leaders are using that model as the proposal for Grand Traverse County.
But why is Grand Traverse County the only county in the greater Grand Traverse Region without this kind of agreement?
You might blame it on previous administrations. Continue reading
Michigan Indian Legal Services Fall-Winter 2008 Newsletter
Here it is — mils-newsletter-fall-2008
It features an article by Karrie Wichtman, a Sault Tribe member and an MSU law student, called “Cooperative Law Enforcement Agreements: An Indian Country Law Enforcement Solution.”