State v. Smith

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Indian Law
  • Date Filed: 11-23-2011
  • Case #: A14217
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J., & Nakamoto, J.
  • Full Text Opinion

According to Warm Springs Tribal Reservation law (WSTC 310.120), nontribal officers may arrest tribe members on tribal land following a traffic infraction in the officer's presence and leading to a "hot pursuit" onto the reservation.

Defendant filed a motion to suppress evidence of his arrest following vehicular pursuit by Madras City Police onto defendant's tribal lands on the Warm Springs Reservation. The trial court denied the motion, citing the Warm Springs Tribal Code's allowance for nontribal officers to arrest tribe members on tribal land following a traffic infraction in the officer's presence and leading to a "hot pursuit" onto the reservation. Affirmed.

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