Summary
The Nebraska Supreme Court held that a tribal police officer lacked authority to arrest a non-Indian for misdemeanor driving offenses committed outside the Iowa Indian Reservation. Because the arrest was invalid, the administrative revocation of the driver's license based on that arrest was improper; the court reversed and remanded with directions to reverse the revocation.
Topics
Practice areas
Questions Presented
- Whether an Iowa tribal police officer had authority to arrest a non-Indian for misdemeanor driving under the influence committed outside the boundaries of the Iowa Indian Reservation.
- Whether an administrative driver's-license revocation based on that purported arrest was valid under Nebraska Revised Statute section 60-6,205(2).
Holdings
- A tribal officer lacked authority to arrest a non-Indian for misdemeanor drunk driving occurring outside the territorial boundaries of the reservation.
- The administrative license revocation was improper because Nebraska Revised Statute section 60-6,205(2) requires the sworn report triggering revocation to be prepared by an arresting peace officer who validly arrested the driver.
Key quotations
“Because it is settled law that the Indian tribes may not assert criminal jurisdiction over a non-Indian for a misdemeanor crime committed on the reservation, a fortiori, the Indian tribes may not do so outside the reservation.” (637 N.W.2d at 889)
“As a matter of law, Young was not validly arrested by tribal officer Goldsberry.” (637 N.W.2d at 890)
Factual background
Iowa tribal officer Jeremy Goldsberry observed Young's vehicle on the Iowa Indian Reservation and pursued it for approximately eight or nine miles after it left the reservation. Goldsberry and another tribal officer, joined by a Richardson County deputy sheriff, stopped Young outside the reservation; Goldsberry observed signs of intoxication, administered sobriety tests, and purported to arrest Young for misdemeanor drunk driving and reckless driving. Young refused preliminary and subsequent blood testing, and Goldsberry, identifying the Iowa Tribal Police Department as his employing agency, prepared and signed the sworn report that triggered the administrative license-revocation process.
Procedural history
The Department revoked Young's motor vehicle operator's license for one year after a tribal officer prepared a sworn report stating that Young had been arrested for driving under the influence and had refused chemical testing. Young requested and received a formal administrative hearing, but the Department adopted the hearing officer's recommended revocation. The Richardson County District Court affirmed the Department's order, and Young appealed to the Nebraska Supreme Court.
Remand instructions
The Richardson County District Court was directed to reverse the Department of Motor Vehicles' order revoking Young's driver's license.