United States v. Cooley
2021 United States Supreme Court case regarding powers of tribal police
2021 United States Supreme Court case
| United States v. Cooley | |
|---|---|
 | |
| Argued March 23, 2021 Decided June 1, 2021 | |
| Full case name | United States v. Cooley |
| Docket no. | 19-1414 |
| Argument | Oral argument |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by unanimous |
| Concurrence | Alito |
United States v. Cooley (2021) was a Supreme Court of the United States case on the powers of tribal police.
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]
References
- ^ 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.
- ^ Liptak, Adam (June 1, 2021). "The Supreme Court issued unanimous rulings on immigration and tribal policing". The New York Times. Retrieved June 27, 2022.
- ^ "United States v. Cooley examines tribal law enforcement". KPAX. March 22, 2021. Retrieved June 25, 2022.
- ^ a b "UNITED STATES v. COOLEY". LII / Legal Information Institute. Retrieved June 25, 2022.
- ^ a b Maher, Savannah (June 9, 2021). "Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain". NPR.org. Retrieved June 25, 2022.
- ^ "United States v. Cooley". harvardlawreview.org. November 10, 2021. Retrieved June 26, 2022.
- ^ "Supreme Court Decides United States v. Cooley". JD Supra. Retrieved June 26, 2022.
- ^ "United States v. Cooley". www.sog.unc.edu. Retrieved June 25, 2022.
- ^ "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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- Johnson v. McIntosh (1823)
- Cherokee Nation v. Georgia (1831)
- Worcester v. Georgia (1832)
- Fellows v. Blacksmith (1857)
- New York ex rel. Cutler v. Dibble (1858)
- Standing Bear v. Crook (D. Neb. 1879)
- Ex parte Crow Dog (1883)
- Elk v. Wilkins (1884)
- Seneca Nation of Indians v. Christy (1896)
- Talton v. Mayes (1896)
- Lone Wolf v. Hitchcock (1903)
- United States v. Santa Fe Pacific Railroad Co. (1941)
- Tee-Hit-Ton Indians v. United States (1955)
- Williams v. Lee (1959)
- Federal Power Commission v. Tuscarora Indian Nation (1960)
- Menominee Tribe v. United States (1968)
- McClanahan v. Arizona State Tax Commission (1973)
- Oneida Indian Nation of New York v. County of Oneida (1974)
- Bryan v. Itasca County (1976)
- United States v. Antelope (1977)
- Santa Clara Pueblo v. Martinez (1978)
- Merrion v. Jicarilla Apache Tribe (1982)
- Solem v. Bartlett (1984)
- County of Oneida v. Oneida Indian Nation of New York State (1985)
- South Carolina v. Catawba Indian Tribe, Inc. (1986)
- Hodel v. Irving (1987)
- Mississippi Band of Choctaw Indians v. Holyfield (1989)
- Duro v. Reina (1990)
- South Dakota v. Bourland (1993)
- Idaho v. Coeur d'Alene Tribe of Idaho (1997)
- Idaho v. United States (2001)
- United States v. Lara (2004)
- City of Sherrill v. Oneida Indian Nation of New York (2005)
- Cobell v. Salazar (D.C. Cir. 2009)
- Adoptive Couple v. Baby Girl (2013)
- Sharp v. Murphy and McGirt v. Oklahoma (2020)
- Oklahoma v. Castro-Huerta (2022)
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- Alaska Native Claims Settlement Act (1971)
- Indian Self-Determination and Education Assistance Act (1975)
- American Indian Religious Freedom Act (1978)
- Indian Child Welfare Act (1978)
- Diminishment (1984)
- Indian Gaming Regulatory Act (1988)
- Native American Languages Act (1990)
- Native American Graves Protection and Repatriation Act (1990)
- Indian Arts and Crafts Act (1990)
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- Aboriginal title
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- Declaration on the Rights of Indigenous Peoples
- Eagle feather law
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- In the Courts of the Conqueror
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- Treaty rights
- Tribal sovereignty
- United States Congressional Joint Special Committee on Conditions of Indian Tribes
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