Coeur d'Alene Tribe wants broader arrest authority

COEUR D'ALENE, Idaho (AP) – The Coeur d'Alene Tribe in northern Idaho is proposing legislation that would give tribal police the authority to arrest or cite non-tribal members and send them to state court.

Backers say the State and Indian Tribal Cooperative Law Enforcement Act would close a loophole that allows suspects to avoid justice on the reservation.

If approved, tribal officers would be able to arrest non-tribal members in Benewah County inside the Coeur d'Alene Reservation.

Idaho lawmakers haven't introduced a draft as a bill yet. Rep. Jim Clark, R-Hayden Lake, is chairman of the House Judiciary and Rules Committee. He declined to comment.

The tribe hasn't had the authority to arrest non-tribal members since a cross-deputization agreement between the tribe and the county ended in 2006.

Tribe spokesman Marc Stewart said suspects are often set free as a result, and that the legislation would fix the problem.

“When you're talking about criminals going free, it's not a good thing,” Stewart said. “I can't see any reason not to support this.”

Opponents in Benewah County say the proposed legislation is unconstitutional.

“(Tribal) officers would not have to answer to any elected official,” said Douglas Payne, Benewah County prosecuting attorney.

The bill would require tribal police officers to be certified and trained like other state officers. Violators would be turned over to state courts, not tribal courts, and tribes must be responsible for insurance and liability issues.

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Information from: Coeur d'Alene Press, http://www.cdapress.com