Fourth Amendment

Ninth Circuit Denies Fourth Amendment Challenge to Search on Crow Reservation

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Littlebird.

An excerpt:

More importantly, significant intervening circumstances exist to sufficiently purge the taint of the illegal stop. First, prior to the interview, Littlebird was arraigned in the Crow Tribal Court and received appointed counsel. Second, the record reflects that Littlebird himself likely initiated the interview with the investigating officers. Third, before the interview he spoke with his Tribal counsel—a crucial factor in attenuation. United States v. Wellins, 654 F.2d 550, 555 (9th Cir. 1981). And finally, his counsel was present during the entire interview.

Federal Court Suppresses Firearms Acquired by Tribal Law Enforcement in Warrantless Search at Warm Springs

Matthew L.M. Fletcher

Here are the materials in United States v. Fuentes (D. Or.):

Fuentes Motion to Suppress

Government’s Response to Motion to Suppress

DCT Order Granting Suppression Motion

Boney v. Valline — Suit re: Police Liability under Self-Determination Act & FTCA

Matthew L.M. Fletcher3 Comments

Here is the opinion in this case — boney-v-valline-dct-order — where the District of Nevada held that a tribal officer who employed deadly force was enforcing tribal law, and so could not be liable under the FTCA or the Self-Determination Act.

Here are the materials:

boney-first-amended-complaint

valline-motion-for-summary-judgment

boney-opposition-to-motion

valline-reply-brief

South Dakota Supreme Court Suppresses Evidence Taken by Tribal Law Enforcement under the Indian Civil Rights Act

Matthew L.M. Fletcher1 Comment

Maybe I’m missing something, but HOLY COW! Now state courts have jurisdiction under the Indian Civil Rights Act?!?!? I thought Santa Clara Pueblo v. Martinez settled the question, holding that tribal courts have exclusive jurisdiction over ICRA claims.

This case, State v. Madsen, decided two days ago by the South Dakota Supreme Court, has no discussion of the court’s jurisdiction to apply ICRA to tribal law enforcement, so maybe there’s some agreement or something in which the tribe (Flandreau Santee Sioux Tribe) agreed to state court adjudication of ICRA claims arising out of police activities at the tribe’s casino.

Narragansett Smokeshop Case — Jones v. Jennings — Cert Petition

Matthew L.M. Fletcher

A case that I suspect has a pretty good shot at being heard by the Supreme Court, Jones v. Jennings, will be on the Court’s conference agenda for January 18, 2008. The case involves the smashing of the Narragansett Tribe’s fledgling smokeshop by state officers. Jones, the police officer, broke the ankle of Jennings, a tribal member, during the conflagration (which was caught on tape and played all over Indian Country for months).

In particular, the questions presented are:

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