Wilson v. Horton’s Towing

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

Ninth Circuit Affirms Order Requiring Exhaustion over Tribal Seizure of Truck

Matthew L.M. Fletcher

Here is the opinion in Wilson v. Horton’s Towing.

Briefs:

Wilson Opening Brief

US Answer Brief

Appellee Brief

Reply

Lower court materials here.