United States v. Cooley

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United States v. Cooley (2021) was a Supreme Court of the United States case on the powers of tribal police.

Background

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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

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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

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1. ↑ 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.
2. ↑ Liptak, Adam (June 1, 2021). "The Supreme Court issued unanimous rulings on immigration and tribal policing" . The New York Times. Retrieved June 27, 2022.
3. ↑ "United States v. Cooley examines tribal law enforcement" . KPAX. March 22, 2021. Retrieved June 25, 2022.
4. 1 2 "UNITED STATES v. COOLEY" . LII / Legal Information Institute. Retrieved June 25, 2022.
5. 1 2 Maher, Savannah (June 9, 2021). "Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain" . NPR.org. Retrieved June 25, 2022.
6. ↑ "United States v. Cooley" . harvardlawreview.org. November 10, 2021. Retrieved June 26, 2022.
7. ↑ "Supreme Court Decides United States v. Cooley" . JD Supra. Retrieved June 26, 2022.
8. ↑ "United States v. Cooley" . www.sog.unc.edu. Retrieved June 25, 2022.
9. ↑ "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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