St. Regis Mohawk Tribe

Here is the opinion in State of New York v. Acting Eastern Regional Director, Bureau of Indian Affairs:

St. Regis Mohawk Also In Talks with Gov. Cuomo

May 23, 2013Kate Fort

The Saint Regis Mohawk Tribe announced today that they
reached a Memorandum of Understanding with Governor Andrew M. Cuomo of the State of New York that is the first step to addressing longstanding land claims with Franklin and St.
Lawrence Counties, outstanding issues with the New York Power Authority and resolve the Revenue Sharing Dispute with New York State.

Any agreement on land claims would be subject to a tribal referendum. (h/t C.G.)

Second Circuit Decides Fourth Amendment Dispute over Search by Tribal Police

October 25, 2012Matthew L.M. Fletcher

Here is today’s opinion in United States v. Wilson:

US v Wilson CA2 Opinion

An excerpt:

The United States of America appeals from an order of the United States District Court for the Northern District of New York (David N. Hurd, Judge), suppressing evidence found following the stop and subsequent search of a vehicle driven by defendant Eric C. Wilson. See United States v. Wilson, 754 F. Supp. 2d 450 (N.D.N.Y. 2010). The vehicle stop was executed by two tribal police officers, one of whom was cross-designated as a U.S. customs officer. The district court concluded that the vehicle stop violated the Fourth Amendment because the officers acted without valid law enforcement authority, having stopped the vehicle in breach of jurisdictional boundaries set by state law and without having obtained prior authorization to exercise customs authority as required by federal policy governing designated customs officers. On appeal, the government does not dispute that the officers stopped Wilson in violation of state law and federal policy but argues that neither breach violates the Fourth Amendment. We hold that the violation of the federal policy governing designated customs officers did not violate the Fourth Amendment, and that the stop and subsequent search comported with the Fourth Amendment because they were justified by probable cause. We do not reach the question whether the stop was also a constitutional exercise of the officers’ New York police authority. Reversed and remanded.

Briefs here.