In this simulation set on the Spokane Indian Reservation in Washington state, the conflict between legal authority of the Spokane Tribe and of neighboring Lincoln County has made law enforcement difficult on the reservation’s borders, particularly when it comes to stopping drunk drivers. The tribe has no criminal jurisdiction over non-Indians, but does have the authority to stop drunk drivers within the borders of the reservation and, if it is determined that they are non-Indians, turn them over to county or state authorities. However, the tribe does not have the authority under existing law to follow drunk drivers off the reservation into Lincoln County.
In our negotiation exercise, the tribe would like the authority to engage in “hot pursuit” of speeding or drunk drivers off the reservation on Route 25 over the bridge to Lincoln County. For that to happen, the tribe needs to reach a cross-deputization agreement with Lincoln County allowing tribal police officers to pursue drunk drivers off the reservation. A Washington state statute mandates an arbitrated cross-deputization if the parties fail to reach an agreement; however, the tribe has sovereign immunity, and cannot be forced into an arbitrated agreement without its consent.
Participants in the negotiation exercise adopt the positions of either Lincoln County Sheriff’s Counsel or Tribal Counsel to negotiate a cross-deputization agreement with respect to hot pursuit off of the reservation, ancillary areas of shared law enforcement, and the related costs and waivers that such a partnership entails.
Part 1 introduces the problem and law at hand. Participants then read either Part 2a or 2b, confidential instructions that prepare their side for the negotiation. Teams negotiate an agreement and draft its terms. The workshop concludes with presentations of these agreements and a debrief of the negotiation process.
Table of Contents
This problem set contains separate pdf files for each of the following parts:
Law enforcement, cross-deputization, hot pursuit, search warrants, tribal sovereignty, negotiation, allocation of costs, Native American law
Geographic: Spokane Reservation, Washington, United States
Industry: Law Enforcement
For hard copies, please contact Lisa Brem E-mail: firstname.lastname@example.org; Ph: +1-617-495-8689
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