The Washington State Supreme Court considered whether a tribal officer observing a traffic infraction on the Lummi Reservation could stop a driver outside the reservation. The answer here is “no.”
Ms. Eriksen was observed driving with bright lights on, crossing the center line and almost striking the officers car. Once the Lummi Police Officer stopped her she was off the reservation, he identified her as a non tribal person and called for the Whatcom County Sheriffs.
The Court ruled that the Lummi Nation’s inherent sovereign powers do not include the authority to stop and detain outside the tribes territorial jurisdiction for a traffic infraction. Although the Supremes have authorized the tribal police to stop and detain non tribal people on the reservation (State v. Schmuck, 121 Wn.2d 373 (1993)), the statutory scheme of Washington as established in RCW 10.92.010 and 10.93.070(6) is contrary to any idea of the doctrine of fresh pursuit.
The Supremes clearly turn any policy problems created by this decision, such as an incentive for drunk drivers to race off the reservation, to the legislature. ”The solution does not lie in judicial distortion of the doctrine of inherent sovereignty”, the Court states.
Rule of Eriksen – Tribal police cannot pursue drivers off tribal lands for traffic infractions.
State v. Loretta Lynn Eriksen, Supreme Court of Washington, No. 80653-5, September 1, 2011.