Indian Country Jurisdiction
for Public Safety Dispatchers
Table 1: Indian Country Table 2: Test
For |
Public Safety Dispatcher's
Three-Prong Test For Determining
Criminal Jurisdiction In Indian Country
(Non-PL-280 states)
1. Did the crime occur on state land or Indian Country land?
- a. If offense
occurred on state land, it is state jurisdiction whether or not the victim
or offender is Indian. (Local and state officers or Federal and Tribal
officers with state authority can make arrests and the cases are prosecuted
in state court.)
- b. If the crime occurred in Indian Country (a federally recognized Native American Reservation, Community, Colony, or allotment), go to Question 2.
2. Is the offender or victim a Native American?
- a. If neither
subject is Indian, it is state jurisdiction. (Local and state officers
or Federal and Tribal officers with state authority can make an arrest
and the case is normally prosecuted in state court.)
- b. If the offender or victim is Indian, go to Question 3.
3. Is the crime a felony or misdemeanor?
- a. Felony
and Major Crimes committed by Indians and Non-Indians are normally prosecuted
in federal court. Federal or Tribal officer may arrest, state officers
normally have to authority. (In some cases the U.S. Attorney will exercise
comity and refer prosecution of non-Indian offenders who victimized Indians
to state courts)
- b. Misdemeanor offenses committed by Indians are criminally prosecuted in Tribal court. (Tribal officers or Federal officers with Tribal authority may arrest or cite.)
- c. Misdemeanor offenses committed by Non-Indians may be civilly prosecuted in Tribal court or criminally prosecuted in state court. (Tribal officers or Federal officers with Tribal authority may arrest or cite into Tribal court; local or state officers or Tribal officers with state authority may arrest or cite into state court)
Reference: B.T. Baker, Legal Instructor, Federal Law Enforcement Training Center, U.S. Department of the Treasury.
