Chicago, IL asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma

Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee nation. Do they have authority to arrest me or over me to bring the charges on me? Do I need to pay the rest of the fine? Thank you.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident occurred (on tribal land, non-tribal land, or a jurisdiction covered by specific treaties or laws) and the nature of the allegations.

If the incident occurred outside tribal lands, state or local law enforcement may have authority. However, on tribal lands, different rules often apply, and officers typically need to be cross-deputized to have authority. It's important to understand the specific circumstances of your arrest and the location's jurisdictional details. If the arrest was made without proper authority, this could impact the legality of the stop and the charges against you.

You should consult with a legal representative or a tribal lawyer to discuss your case's specifics and your rights as a Cherokee Nation citizen. They can provide guidance on whether you need to pay the remaining fine and advise on the best course of action, including challenging the arrest or citations if there was a lack of jurisdiction. It's crucial to address these concerns promptly to ensure your rights are protected.

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