Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?
City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City officer who had no authority to be on tribal land to begin with.
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A:
In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.
Since the city officer had no authority to operate on the reservation, any information they provided might be considered improperly obtained. This can undermine the probable cause needed for a valid warrant, as the source of the information is questionable.
It's important to consult with a legal professional who understands tribal law to assess the specifics of your case. They can provide guidance on whether the warrant holds up in court and what steps you might take to protect your rights.
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