NCJ Number
147165
Journal
Police Studies Volume: 16 Issue: 4 Dated: (Winter 1993) Pages: 157-166
Date Published
1993
Length
10 pages
Annotation
This article offers cross-deputization of tribal and local, county or State police officers as a solution for the jurisdictional conflicts that often arise in cases involving Indians or Indian lands.
Abstract
Law enforcement jurisdiction on American Indian reservations is often a complex and complicated issue. This article discusses the reasons behind the jurisdictional confusion and offers suggestions to remedy the situation. Cross-deputization is one possible remedy. Jurisdiction depends on the nature of the crime and where it was committed and whether the suspect and/or the victim are Indians. Problems arise, on the one hand, when tribal officers cannot enforce laws against non-Indians. County deputies or state police officers run into problems when an Indian violates a state statute but flees to tribal land before he can be arrested. Cross-deputization, whereby tribal police are commissioned as deputy sheriffs, State police or municipal officers and where local law enforcement officers are commissioned as tribal police, has helped all police personnel gain jurisdictional privileges in situations involving questionable authority. A survey of 104 tribal and Bureau of Indian Affairs police executives (with 31 responding) found cross-deputization to be fairly common. Twenty-six agencies used such agreements. The article offers the respondents perceptions regarding the advantages and disadvantages of cross-deputization.