United States v. Cooley

United States v. Cooley (2021) was a Supreme Court of the United States case on the powers of tribal police.

United States v. Cooley
Argued March 23, 2021
Decided June 1, 2021
Full case nameUnited States v. Cooley
Docket no.19-1414
ArgumentOral argument
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityBreyer, joined by unanimous
ConcurrenceAlito

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

  1. 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.
  2. Liptak, Adam (June 1, 2021). "The Supreme Court issued unanimous rulings on immigration and tribal policing". The New York Times. Retrieved June 27, 2022.
  3. "United States v. Cooley examines tribal law enforcement". KPAX. March 22, 2021. Retrieved June 25, 2022.
  4. "UNITED STATES v. COOLEY". LII / Legal Information Institute. Retrieved June 25, 2022.
  5. Maher, Savannah (June 9, 2021). "Supreme Court Rules Tribal Police Can Detain Non-Natives, But Problems Remain". NPR.org. Retrieved June 25, 2022.
  6. "United States v. Cooley". harvardlawreview.org. November 10, 2021. Retrieved June 26, 2022.
  7. "Supreme Court Decides United States v. Cooley". JD Supra. Retrieved June 26, 2022.
  8. "United States v. Cooley". www.sog.unc.edu. Retrieved June 25, 2022.
  9. "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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