Lame Deer, MT asked in Criminal Law, Federal Crimes and Native American Law for Montana

Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal sovereignty and legal protocols. This situation can create jurisdictional conflicts and undermine the authority of tribal law enforcement.

It's important to consult with a legal expert familiar with federal and tribal law to understand your rights and the proper procedures in such cases. They can provide guidance on how to address any potential violations and ensure that tribal sovereignty is respected.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.