Sovereign Authority – Detain and Search Non-Indians

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United States Supreme Court

Case Name: United States v. Joshua James Cooley

Case No.: 19-1414

Focus: Sovereign Authority – Detain and Search Non-Indians

The question presented is whether an Indian tribe’s police officer has authority to detain temporarily and to search a non-Indian on a public right-of-way that runs through an Indian reservation. The search and detention, we assume, took place based on a potential violation of state or federal law prior to the suspect’s transport to the proper nontribal authorities for prosecution.

We have previously noted that a tribe retains inherent sovereign authority to address “conduct [that] threatens or has some direct effect on . . . the health or welfare of the tribe.” Montana v. United States, 450 U. S. 544, 566 (1981); see also Strate v. A–1 Contractors, 520 U. S. 438, 456, n. 11 (1997). We believe this statement of law governs here. And we hold the tribal officer possesses the authority at issue.

Vacated and remanded

Dissenting:

Concurring: ALITO, J., filed a concurring opinion.

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