Supreme Court affirms tribal police authority over non-Indians

Kirsten Carlson does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

The Supreme Court unanimously affirmed the sovereign power of American Indian tribes on June 1, 2021, ruling that tribal police officers have the power to temporarily detain and search non-Indians on public rights-of-way through American Indian lands.

In most communities in the United States, the local government has the authority to investigate and prosecute both misdemeanor and felony crimes. And local police can detain and search individuals suspected of state and federal crimes, at least until handing them off to the appropriate authorities.

Tribal governments – the local governments in Indian country – have the power to prosecute tribal citizens on tribal lands. When it comes to non-Indians, though, the situation is different. In 1978, the Supreme Court ruled that tribal governments could not prosecute non-Indians for any crimes in Indian country. Tribal governments have to rely on state and federal governments to prosecute non-Indians – which doesn’t happen often. Effectively, non-Indians have been able to commit crimes in Indian country with impunity.

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