Legal

Law Enforcement

 

Tribal law enforcement officers play a key role in promoting safety and justice for American Indian/Alaska Native victims of sexual Violence.

Effective investigation of the crime scenes combined with skilled interviewing techniques are crucial to holding perpetrators accountable for their crimes.

When a sexual assault occurs in Indian Country, tribal law enforcement has the authority to arrest and detain both Indians and non-Indians for sexual assault crimes under the following circumstances and conditions:

 

TRIBAL LAW ENFORCEMENT POWERS TO ARREST AND DETAIN :

  • When there is probable cause to believe that an Indian suspect has committed the crime of sexual assault against an Indian victim in Indian Country

  • When there is probable cause to believe that an Indian suspect has committed the crime of sexual assault against a non-Indian victim in Indian Country

  • Cross-deputized tribal law enforcement officers may arrest and detain both Indians and non-Indians on behalf of the certifying agency

  • Tribal law enforcement officers (who are not cross-deputized) can detain non-Indians for a "reasonable amount of time" until the appropriate state or federal law enforcement officers arrive or until they cam transport them to the nearest state/federal jurisdiction

  • Tribal law enforcement may arrest and detain non-indians with significant contacts with the Tribe (reside on tribal lands, etc.) who have committed sexual violence against an intimate partner or a former intimate partner

  • Tribal law enforcement may arrest and detain Indian suspects outside of Indian Country when they are in hot pursuit of the suspect

  • Tribal law enforcement officers may detain non-Indian suspects outside of Indian Country when they are in hot pursuit of the suspect

Tribal Law Enforcement

Contact NICCSA

4015 E. Paradise Falls Dr. Suite 131, Tucson, Arizona 85712

Phone: (520) 623-8192
Fax: (520) 623-8246

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*National Tribal Trial College is a project of the Southwest Center for Law and Policy (www.swclap.org) This project was supported by Grant No. 2011-TA-AX-K045, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.