Judges: Robert T. Stephan, Attorney General
Filed Date: 11/15/1994
Status: Precedential
Modified Date: 7/5/2016
The Honorable Don Sallee State Senator, First District Rural Route 2 Troy, Kansas 66087
Dear Senator Sallee:
As state senator for a district that encompasses federally recognized Indian reservations, you request our opinion regarding tribal law enforcement powers. Specifically, your question is as follows:
"Are tribal law enforcement officers who have received Kansas law enforcement training center certification authorized to apprehend and arrest persons for violation of state laws within the boundaries of the reservation in the absence of being commissioned by the sheriff of the county in which the reservation is situated or some other appropriate state law enforcement authority? In other words, do tribal law enforcement officers have the same law enforcement powers as sheriff's officers when acting within the jurisdictional boundaries of the reservation?"
The context in which your question arises involves the Kickapoo Nation's concern with the amount of time that may be required for the county sheriff's department to respond to potentially volatile situations. The tribe's law enforcement officers are often able to arrive at the scene more quickly than a sheriff's officer who may have to travel quite a distance. The tribe therefore is interested in being able to detain persons who have violated state laws on the reservation, and to transport such persons to the custody of the sheriff. It is our understanding that the tribal law enforcement officers in question have successfully completed the training required at the state law enforcement training center and have received certification from the law enforcement training commission. Apparently tribal law enforcement officers have been admitted to the training center as reserve sheriff's deputies for Brown county.
K.S.A.
"[A]ny person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof or with a duty to maintain or assert custody or supervision over persons accused or convicted of crime, . . . while acting within the scope of their authority." K.S.A.
22-2202 . See also K.S.A.12-4113 .
K.S.A.
While tribal law enforcement officers have no law enforcement powers vested by state law, the United States Supreme Court has stated that, pursuant to the tribe's retained sovereign powers, "[t]ribal law enforcement authorities have the power to restrain those who disturb public order on the reservation, and if necessary, to eject them. Where jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain the offender and transport him to the proper authorities." Duro v. Reina,
In conclusion, unless deputized or otherwise employed by the county in which the reservation is located, or some other appropriate state law enforcement authority, tribal law enforcement officers are not authorized to enforce state laws within the boundaries of the reservation even upon receiving certification from the Kansas law enforcement training commission. However, under the tribe's sovereign authority, and in order to preserve the peace, tribal law enforcement officers may detain persons who have committed an unlawful breach of the peace within the boundaries of the reservation and transport such persons, as far as the reservation border, to the proper authorities.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Julene L. Miller Deputy Attorney General
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