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The Water Cooler
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<blockquote data-quote="CorpsVet" data-source="post: 4065390" data-attributes="member: 2414"><p>Unless it has been changed, one can only be arrested for a misdemeanor if it occurs in one's presence, or there is a warrant. What can happen is a "citizen" can detain someone for an offense that occurs in their presence if they turn the offender over to a peace officer as soon as possible.</p><p>So, if a non-tribal officer observes a traffic offense and pulls the driver over, upon determining the driver is Native American, (s)he cannot cite the driver but (s)he could do a citizens arrest and they turn the offender over to the tribal authorities.</p><p>That's likely too much crap to go through so probably they will just let the driver go.</p></blockquote><p></p>
[QUOTE="CorpsVet, post: 4065390, member: 2414"] Unless it has been changed, one can only be arrested for a misdemeanor if it occurs in one's presence, or there is a warrant. What can happen is a "citizen" can detain someone for an offense that occurs in their presence if they turn the offender over to a peace officer as soon as possible. So, if a non-tribal officer observes a traffic offense and pulls the driver over, upon determining the driver is Native American, (s)he cannot cite the driver but (s)he could do a citizens arrest and they turn the offender over to the tribal authorities. That's likely too much crap to go through so probably they will just let the driver go. [/QUOTE]
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