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United States v. Cooley

2021 United States Supreme Court case regarding powers of tribal police From Wikipedia, the free encyclopedia

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

Full case nameUnited States v. Cooley
Docket no.19-1414
MajorityBreyer, joined by unanimous
Quick facts Argued March 23, 2021 Decided June 1, 2021, Full case name ...
United States v. Cooley
Argued March 23, 2021
Decided June 1, 2021
Full case nameUnited States v. Cooley
Docket no.19-1414
ArgumentOral argument
Holding
A tribal police officer may, with probable cause, detain and search non-Native people traveling on public roads through a reservation.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityBreyer, joined by unanimous
ConcurrenceAlito
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Background

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

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]

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