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Arrest by multiple tribal officers, where some were not commissioned, not a Fourth Amendment violation

By John Wesley Hall, Jr.

Not all tribal police officers involved in defendant's arrest were commissioned officers under tribal ordinance. That does not, however, make the arrest in violation of the Fourth Amendment because his allegations that some were not when some were does not even allege a violation of the Fourth Amendment. United States v. High Wolf, 2008 U.S. Dist. LEXIS 33555 (D. S.D. April 23, 2008). (Compare Virginia v. Moore, posted here, decided the day after this was decided by the USMJ.) Officer was in warm pursuit of a bank robber and saw suspect go into a residence. The officer knocked on the door of the residence, and the occupant consented to an entry. United States v. Rivers, 2008 U.S. Dist. LEXIS 33613 (E.D. Mich. April 24, 2008).* Consent to search was found voluntary...continue to full post

Full post as published by Fourth Amendment on April 26, 2008 (boomark / email).