United States v. Cooley
| United States v. Cooley | |
|---|---|
 | |
| Argued March 23, 2021 Decided June 1, 2021 | |
| Full case name | United States v. Cooley |
| Docket no. | 19-1414 |
| Argument | Oral argument |
| Holding | |
| A tribal police officer may, with probable cause, detain and search non-Native people traveling on public roads through a reservation. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by unanimous |
| Concurrence | Alito |
United States v. Cooley (2021) was a Supreme Court of the United States case on the powers of tribal police.
Background
[edit]The case stemmed from a 2016 incident where a tribal police officer detained a non-tribal motorist found with guns and drugs.[1][2] In lower courts it had been argued that evidence gathered by Native American police should not be admissible in cases regarding non-Native Americans.[3]
Decision
[edit]The case was argued on March 23, 2021.[4] The case was decided unanimously on June 1, 2021, allowing tribal police to detain and investigate those suspected of criminal activity on tribal lands regardless of racial status.[5][4] The court found that in such cases non-natives may be detained when on a public right of way inside a reservation.[6][7] Non-native detainees may be detained for a reasonable length of time until non-tribal police can arrive at the scene to handle the incident.[5] The opinion for the case was written by Justice Stephen Breyer.[8] A concurring opinion was written by Justice Samuel Alito.[9]
References
[edit]- ^ Barnes, Robert (June 1, 2021). "Supreme Court will not take up Johnson & Johnson challenge of $2.1 billion cancer case award". Washington Post. Retrieved June 27, 2022.
- ^ Liptak, Adam (June 1, 2021). "The Supreme Court issued unanimous rulings on immigration and tribal policing". The New York Times. Retrieved June 27, 2022.
- ^ "United States v. Cooley examines tribal law enforcement". KPAX. March 22, 2021. Retrieved June 25, 2022.
- ^ a b "UNITED STATES v. COOLEY". LII / Legal Information Institute. Retrieved June 25, 2022.
- ^ a b Maher, Savannah (June 9, 2021). "Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain". NPR.org. Retrieved June 25, 2022.
- ^ "United States v. Cooley". harvardlawreview.org. November 10, 2021. Retrieved June 26, 2022.
- ^ "Supreme Court Decides United States v. Cooley". JD Supra. Retrieved June 26, 2022.
- ^ "United States v. Cooley". www.sog.unc.edu. Retrieved June 25, 2022.
- ^ "Willamette Law Online - United States Supreme Court Updates - United States v. Cooley | Willamette University College of Law". willamette.edu. Retrieved June 25, 2022.
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