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Federal Judiciary

: California Appellate Report

Bressi v. Ford (9th Cir. - Aug. 4, 2009)

By Shaun Martin

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I talked earlier today about the Ninth Circuit's new "hunter exception" that permits suspicionless seizures. Let me add one more as well, again from the same day.

Today we also learn of the "Find Out If You're An Indian" exception; again, at least in the Ninth Circuit Pursuant to which tribal officials may permissibly stop you -- even on state roads -- in order to ascertain whether you're an Indian. And if they in the meantime discover that you're, say, intoxicated, permissibly arrest and throw you in jail. (Or, in Judge Canby's words: "We conclude that a roadblock on a public right-of-way within tribal territory . . . is permissible [] to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and the nature of inquiry, that can establish whether or not they are Indians. When obvious violations, such as alcohol impairment, are found, detention on tribal authority for delivery to state officials is authorized.")

Darn that liberal Ninth Circuit. Those judges are really coddling criminals in the name of civil liberties, eh?

Full post as published by California Appellate Report on August 04, 2009 (boomark / email).

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