Eastern Shoshone Tribe | Office of Attorney General
Is seeking an Assistant Attorney GeneralSALARY: DOE, $85,000.00-$95,000.00 range;
Benefits Eligible
CLOSING DATE: July 5,....
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EVS Casino Attendant
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BOISE, Idaho (AP) – Idaho authorities can arrest American Indians on highways where they cross reservation land without violating a tribe’s sovereignty, according to a recent Idaho Court of Appeals opinion.
The case stems from the February 2007 drunken-driving arrest of Jake Beasley, a member of the Shoshone-Bannock tribes, on U.S. Interstate 15 on the Fort Hall Indian Reservation in southeastern Idaho.
Beasley was initially arrested by tribal officers, then turned over to Idaho State Police. He alleged the trooper violated his protections against unreasonable search and seizure as well as tribal sovereignty because no extradition proceedings were initiated in tribal court.
But the three-judge state Appeals panel ruled the arrest was legal because the state and the Shoshone-Bannock tribes share control of Interstate 15 on the reservation.
“The stop occurred in an area of concurrent jurisdiction,” wrote Chief Judge Sergio A. Gutierrez in the unanimous opinion in late December. “The fact that tribal officers were the first to stop Beasley, before he injured himself or innocent motorists, arose from a coordinated effort with State Police and does not alter the fact that the tribal extradition code is not triggered by these facts.
Beasley was stopped after several witnesses reported a white passenger car traveling north in a southbound lane of Interstate 15 in Bannock County. Idaho State Trooper Mike Winans was sent toward where the vehicle was last reported, but by the time he arrived, officers from the Fort Hall Police Department intercepted the car within the boundaries of the Fort Hall Indian Reservation.
Beasley, who officers said smelled of alcohol and had vomited and urinated on himself, was handcuffed and eventually transferred to Winans’ cruiser.
In his initial 6th District Court drunken-driving proceedings, Beasley sought unsuccessfully to have the case thrown out on grounds that he was improperly arrested.
Beasley eventually pleaded guilty to the drunken-driving charge, but later appealed the District Court’s denial of his motion to have the case dismissed. His argument: The case was similar to a 1976 decision by the New Mexico State Supreme Court that concluded an arrest by city police within the boundaries of the Navajo Indian Reservation violated tribal sovereignty and was illegal.
Writing for the Appeals Court, Gutierrez countered that while Shoshone-Bannock tribal code does set out extradition proceedings as the proper method for the state to obtain custody of a tribal member on the reservation for a crime committed off the reservation, Beasley was arrested on Interstate 15, an area where Idaho and tribal police share patrol duties.
“Extradition is necessary only when a person has left the jurisdiction where the crime occurred,” Gutierrez wrote. “As Beasley never left Interstate 15, he never left the jurisdiction of Idaho law enforcement officials. Therefore, there was no need to institute tribal extradition proceedings.”