Are Tribal Police Real Police?
The term "tribal police" might conjure up images of amateur, untrained individuals with badges and guns trying to enforce the law in indigenous communities. However, that stereotype is far from accurate. Tribal police departments have become a crucial law enforcement component in many Indian country, providing vital protection to the communities they serve.
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Who is Eligible to Wear a Badge?
Tribal Law Enforcement Officers can provide the same services as city and county police, sheriffs, and other sworn officers. However, only some tribes are qualified to employ their own officers.
The Tribal Law and Order Act (1994) provided funds and support to federally recognized tribes to develop their own law enforcement programs. These programs are administered through the Bureau of Indian Affairs’ Office of Justice Services, which provides funding and resources for tribal police agencies to purchase equipment, supplies, and training.
However, to be eligible, tribal law enforcement agencies must demonstrate:
• Governmental autonomy: The tribe must be a federally recognized, autonomous government.
• Powers to police: The tribe must have constitutional powers to police their land, which includes both state and federal recognition of these powers.
• State cooperation: The tribe must have a written agreement or Memorandum of Understanding with the state where they reside.
A Decent Level of State Authorization and Cooperation
Not All States Allow Tribal Police Agencies
Even with tribal governments showing readiness to take the initiative, not all states offer support or cooperation with their local law enforcement departments.
Currently, 45 federally recognized tribes have co-recipient tribal courts and/or law enforcement, according to the National Native American Bar Association. Nevertheless, approximately 130 of these same tribes face unique issues because they have struggled to find state-level authority allowing their law enforcement agency access.
Rights, Privileges, and Benefits
Tribal Law Enforcement Officers Share Key Police Rights and Privileges
Though they are sometimes underequipped or have varying levels of experience, tribal police agencies possess the same level of legal authority as those with state and national oversight.
Some benefits:
- Arresting Powers: Tribal law enforcement agencies enjoy the authority to detain individuals, including white collar and violent criminals, while processing them according to established protocol.
- Lawful Search and Seizure: Like national officers, tribal law enforcement may search and seize materials on evidence of illegal behavior for any crime occurring on trust lands.
- Full Participation in Criminal Courts: Convictions gained with due process are enforced using trial-level courts with judicial personnel; appeals often conclude before either state or tribal review authorities.
Leveraging Training Opportunities>Leveraging Training Opportunities
**Tribal Police Receive Training, Yet Confront Unique Challenges
The ability for tribal police agencies to obtain state-sanctioned training contributes positively towards their ability to excel and grow in these duties.
State-trained Police: Many tribes enjoy their sworn officers participate in national certification programs such as:
• Oregon- Idaho- Montana Justice Equipping Program by U. S. Departments of Justice and Justice System; training in self-transport systems of the Regional Juvenile Detention Officer Network.
• The U. S. Marshall Institute’s training offers
- Co-patterning: To effectively navigate complexities, agencies form associations (e.g. Northwest Conference of the Major Federal Law Enforcement Leadership Organization of the 30 Nation Chiefs of Police
, etc.) These exchanges empower Tribal Law Enforcement Administrations.
