Use the excerpt to answer the question.

“The question presented is whether an Indian tribe’s police officer has authority to detain temporarily and to search a non-Indian on a public right-of-way that runs through an Indian reservation. The search and detention, we assume, took place based on a potential violation of state or federal law prior to the suspect’s transport to the proper nontribal authorities for prosecution. We have previously noted that a tribe retains inherent sovereign authority to address “conduct [that] threatens or has some direct effect on . . . the health or welfare of the tribe.” We believe this statement of law governs here. And we hold the tribal officer possesses the authority at issue.”

According to this excerpt from the Supreme Court case United States v. Cooley (2021), what legal precedent was established for tribal sovereignty by this ruling?

(1 point)
Responses

Tribal areas are not foreign nations but wards or domestic dependent nations of the U.S.
Tribal areas are not foreign nations but wards or domestic dependent nations of the U.S.

Tribal authority to police extends beyond Indigenous Americans to all U.S. citizens who might be present on tribal land.
Tribal authority to police extends beyond Indigenous Americans to all U.S. citizens who might be present on tribal land.

Tribal areas are coequal with states, thus giving Indigenous Americans the same power to tax and police.
Tribal areas are coequal with states, thus giving Indigenous Americans the same power to tax and police.

States do not have jurisdiction to prosecute crimes in areas previously promised to Indigenous Americans despite legal traditions of state control.

1 answer

The legal precedent established for tribal sovereignty by the ruling in United States v. Cooley (2021) is:

Tribal authority to police extends beyond Indigenous Americans to all U.S. citizens who might be present on tribal land.

This is supported by the excerpt, which indicates that a tribal officer has the authority to detain and search a non-Indian on a public right-of-way that runs through an Indian reservation, thus affirming the tribal police's jurisdiction over non-Indians in this context.

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