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United States v. Cooley

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United States v. Cooley
Argued March 23, 2021
Decided June 1, 2021
Full case nameUnited States v. Cooley
Docket no.19-1414
ArgumentOral argument
Holding
A tribal police officer may, with probable cause, detain and search non-Native people traveling on public roads through a reservation.
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

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

Background

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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

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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

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  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. ^ a b "UNITED STATES v. COOLEY". LII / Legal Information Institute. Retrieved June 25, 2022.
  5. ^ 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.
  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.