Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

A: My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native American land can be complex and depends on several factors, including jurisdictional boundaries and agreements between local, state, and tribal authorities. Here are some general guidelines:

1. **Jurisdiction**: Native American reservations are considered sovereign nations and generally have their own tribal law enforcement agencies. Crimes committed on tribal land typically fall under the jurisdiction of tribal authorities.

2. **Nature of the Crime**:

- **Victim and Perpetrator**: If both the victim and the perpetrator are Native American, the tribal police usually have jurisdiction.

- **Non-Native Perpetrator**: If the alleged perpetrator is non-Native but the crime occurred on tribal land, federal authorities (e.g., the FBI) typically have jurisdiction, though local law enforcement may assist.

- **Cross-Jurisdictional Agreements**: Sometimes, local and tribal law enforcement have agreements (cross-deputization agreements) that allow them to assist each other and make arrests on each other's behalf.

3. **Severity of the Crime**:

- **Minor Crimes**: Tribal authorities generally handle minor crimes.

- **Major Crimes**: For major crimes (like felonies), federal authorities may get involved, especially if the crime involves non-Native individuals or if the severity of the crime warrants federal intervention.

4. **Federal Involvement**: Under the Major Crimes Act, certain serious crimes committed by Native Americans on tribal land fall under federal jurisdiction.

5. **State Laws**: Some states have been granted jurisdiction over certain crimes on tribal land under Public Law 280, but this varies by state and tribe. This could be the case in your instance.

Given these complexities, local police might not have the direct authority to arrest someone for an alleged assault on Native American land without coordination with tribal or federal authorities. It's often necessary for local law enforcement to work closely with tribal police and possibly federal agencies to address such incidents appropriately.

If you need specific guidance for this particular case, it might be beneficial to contact an attorney.

What, if anything, were you charged with? Simple assault? Felony assault? Anything else?

A: Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with tribal authorities to handle certain criminal matters.

In your case, since the incident escalated into a physical altercation and you called 911, local authorities likely responded due to the immediate nature of the conflict. They would assess the situation based on the evidence and witness statements at the scene. Your actions, the security guard’s response, and the involvement of another individual all contribute to the complexity of the case.

It’s crucial to gather all documentation, such as bank statements showing the hold on your card, any communication with the gas station and your bank, and any witness statements or video footage from the gas station. Consulting with a legal professional who understands both tribal and local jurisdiction laws can provide guidance on how to navigate your specific situation and ensure your rights are protected.