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 Indians and non-Indians for sexual assault crimes under certain 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

PO Box: 2100 E Speedway Blvd, Box 40805, Tucson, AZ 85719

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

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*NICCSA is a project of the Southwest Center for Law and Policy (www.swclap.org) This project is supported by Grant No. 2017-SA-AX-K001, 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.