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State Supreme Court says tribal police can pursue off reservation

Published 11:52 am Thursday, September 17, 2009

The Associated Press

OLYMPIA — The state Supreme Court has unanimously ruled that tribal police can pursue non-Native American motorists outside a reservation if they see a traffic infraction on tribal lands.

Today’s ruling says that under state law, tribal police can go beyond their jurisdiction if they’re in a “fresh pursuit,” or if there’s an immediate threat to life or property.

The case stems from an August 2005 incident, when a Lummi Tribal Police officer pursued a suspected drunken driver but didn’t stop her until they were outside reservation boundaries.

The tribal officer held Loretta Eriksen until a Whatcom County sheriff’s deputy arrived to arrest her. Eriksen was later convicted of drunken driving, but challenged whether the tribal officer made a legal stop.