The state of Washington is home to over two dozen tribes of Native American populations. Most of these tribes are situated on lands granted to them by the federal government. On these tribal lands, it is the laws of the tribe which govern the actions of those living in and visiting these sovereign nations – not the laws of Washington. This includes traffic laws and the penalties assessed for violating them.
So what happens if you commit a traffic violation on Native American lands but aren’t pulled over by tribal police until you have crossed back into an area that is under state jurisdiction?
That question was addressed this month by the Washington State Supreme Court. The court was asked to decide on the legality of such a traffic stop which occurred in August of 2005. In the case known as State vs. Eriksen, the state court essentially ruled in favor of the motorist involved and against the Native American tribe.
Here’s what happened: a tribal police officer for the Lummi Nation (northwest of Bellingham) observed a car driving erratically with its high beams illuminated. This observation took place on a road which was patrolled by Lummi Nation police. However, the officer did not catch up to the car until it had reached a gas station that was located outside tribal jurisdiction. Nevertheless, the officer subsequently arrested the driver (Ms. Eriksen) on a charge of driving under the influence.
Ms. Eriksen requested that the DUI charge be suppressed because she was arrested on property governed by the state of Washington, not the Lummi Nation. The district court denied her petition, and she was eventually convicted on DUI charges. She appealed to the Whatcom County Superior Court, which upheld the conviction. Ms. Eriksen then appealed her conviction to the State Supreme Court.
The Washington Supreme Court ruled that the Lummi Nation’s sovereign powers did not extend to stopping and detaining individuals for traffic infractions outside of tribal lands. The conviction was reversed and the case was remanded back to the district court.
Based on this decision, it appears that drivers cannot be legally pulled over by tribal police outside of Native American jurisdiction – even for traffic infractions which occurred on tribal lands. The court’s ruling did not make a distinction between DUI cases and any other type of traffic stop. This is an important fact to keep in mind if you are ever driving on sovereign Native American lands located within the state of Washington.