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Montana International Law Questions & Answers
Q: Did FBI violate legal rights during tribal arrest on Montana tribal lands without valid federal warrant?

I have a question regarding the legality of FBI agents supervising and executing tribal arrest and search warrants on tribal lands for an enrolled tribal member during a federal drug crime investigation. No federal warrant was signed or valid at the time, and the defendant contends this made the... View More

James L. Arrasmith
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answered on Apr 8, 2025

The FBI's actions could potentially violate the defendant's legal rights if they acted beyond their jurisdiction. Under Rule 41(a) of the Federal Rules of Criminal Procedure, federal authorities typically require a valid federal warrant to search or seize property on tribal lands. If no... View More

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