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State v. Smith

Summarized by: 

Date Filed: 11-23-2011
Case #: A14217
Schuman, P.J. for the Court; Wollheim, J., & Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142178.pdf

Indian Law: 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.