United States v. Cooley – Page 2 – Turtle Talk

Amicus Briefs Supporting Petitioner in United States v. Cooley

January 16, 2021Matthew L.M. Fletcher

Here:

19-1414 Amici SiouxTribes

19-1414 Amicus Brief of NationalIndigenousWomensResourceCenter

19-1414 Indian Law Scholars Cooley Brief

19-1414 tsac Former U.S. Attorneys

19-1414 tsac Members of Congress

19-1414 tsac The Cayuga Nation

19-1414 Ute Amici Brief

Final NCAI-Tribal Governments Amici Brief-US v Cooley 1-15-21

Other Cooley materials are here.

United States v. Cooley Background Materials

December 21, 2020March 17, 2021Matthew L.M. Fletcher

Here are the merits briefs:

Petitioner’s Brief

Respondent Brief

Petitioner’s Reply

Here are the amicus briefs supporting petitioner:

19-1414 Amici SiouxTribes

19-1414 Amicus Brief of NationalIndigenousWomensResourceCenter

19-1414 Indian Law Scholars Cooley Brief

19-1414 tsac Former U.S. Attorneys

19-1414 tsac Members of Congress

19-1414 tsac The Cayuga Nation

19-1414 Ute Amici Brief

Final NCAI-Tribal Governments Amici Brief-US v Cooley 1-15-21

Here are the amicus briefs supporting respondent:

19-1414 Amici Curiae Brief Ninth Circuit Federal Defenders

National Association of Criminal Defense Lawyers Amicus Brief

Here are the cert stage materials:

NCAI Amicus Brief

NIWRC Amicus Brief

Respondent Brief in Opposition to Petition for a Writ of Certiorari

Cooley Cert Reply

Here are the Ninth Circuit materials:

Ninth Circuit opinion

Here are the district court (D. Mont.) materials:

2 Redacted Indictment

34 Motion to Suppress

48 DCT Order Granting Motion to Suppress

SCOTUS Grants U.S. v. Cooley

November 20, 2020Matthew L.M. Fletcher

Here is the order list for today.

Here are the cert stage briefs.

Here are the lower court materials.

Cert Stage Briefs in United States v. Cooley

October 28, 2020Matthew L.M. Fletcher

Here:

Respondent Brief in Opposition to Petition for a Writ of Certiorari

Cooley Cert Reply

Cert Opposition Brief in US v. Cooley

October 16, 2020Matthew L.M. Fletcher

Here:

Respondent Brief in Opposition to Petition for a Writ of Certiorari

The cert petition is here.

Amicus briefs in support of the petition are here.

NCAI/NIWRC Amicus Briefs in Support of Federal Cert Petition in U.S. v. Cooley

July 27, 2020July 27, 2020Matthew L.M. Fletcher

Here:

NCAI Amicus Brief

NIWRC Amicus Brief

Cert petition here.

United States Petitions for Cert in Case Involving Tribal Police Authority to Detain Non-Indians

June 29, 2020August 24, 2020Matthew L.M. Fletcher

Here is the cert petition in United States v. Cooley:

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

Lower court materials here.

Update:

NCAI Amicus Brief

NIWRC Amicus Brief

Waiver of Response

Split Ninth Circuit Denies En Banc Petition in ICRA Search and Seizure Case

January 25, 2020Matthew L.M. Fletcher

Here are the materials in United States v. Cooley:

us-en-banc-petition.pdf

Panel materials and briefs here.

Ninth Circuit Holds Exclusionary Rule Applies to Evidence Obtained in Violation of ICRA’s Fourth Amendment Counterpart

March 21, 2019March 21, 2019Matthew L.M. Fletcher

Here is the opinion in United States v. Cooley.

Briefs here.

Ninth Circuit Briefs in United States v. Cooley

July 18, 2017March 21, 2019Matthew L.M. Fletcher

Here:

An excerpt:

A tribal law enforcement officer conducted a welfare check on Cooley, who had pulled over on a public highway where it crosses the Crow Reservation. It appeared to the officer that he was dealing with a non-Indian person. Soon thereafter, the encounter raised suspicion that Cooley was impaired and trafficking drugs and guns. He was detained and transferred to state custody. The district court suppressed the evidence from the stop based on a new Fourth Amendment test it derived from a tribal roadblock case. The district court held that the detention of Cooley and search of his vehicle violated the Fourth Amendment because, at the time the tribal officer realized Cooley was a non-Indian, it was not obvious that a state or federal crime had occurred. This new obviousness standard, the court held, is “notably higher” than probable cause.