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Tribal Law Enforcement

Tribal police powers

Authority to exercise criminal jurisdiction over all tribal members and the authority to arrest and detain non-Indians for delivery to state or federal authorities for prosecution. These tribal police powers are generally limited to tribal lands.

Public Law 83-280 (commonly referred to as Public Law 280 or P.L. 280)

Establishes criminal justice responsibilities among American Indian tribes with tribal land, the states in which tribes are located, and the federal government. Public Law 280 is mandatory or optional for 204 tribes, about two-thirds of the total in the lower 48 states. In states where P.L. 280 does not apply, the federal government retains criminal jurisdiction for major crimes committed under the Indian Country Crimes Act (18 U.S.C. § 1152), the Indian Country Major Crimes Act (18 U.S.C. § 1153), and the Assimilative Crimes Act (18 U.S.C. § 13).

Cross deputization agreements

Allow law enforcement personnel from state and tribal entities to cross jurisdictions in criminal cases. Cross deputization agreements have been used to enhance law enforcement capabilities in areas where state and tribal lands were contiguous and intermingled. Under some agreements, federal, state, county/local, and/or tribal law enforcement officers have the power to arrest Indian and non-Indian wrongdoers wherever the violation of law occurs.
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Criminal jurisdiction in tribal areas

Jurisdiction over offenses in Indian country may lie with federal, state, or tribal agencies, depending on the particular offense, offender, victim, and offense location. For more information on tribal jurisdiction, see State Prosecutors' Offices with Jurisdiction in Indian Country, 2007, Tribal Law Enforcement, 2008, Census of Tribal Justice Agencies in Indian Country, 2002, and the Jails in Indian Country series.

Census of Tribal Justice Agencies in American Indian and Alaska Native Tribal Jurisdictions (CTJA02)

Includes data on the number of law enforcement agencies and officers; characteristics of tribal courts and their caseloads; types of available criminal sanctions; and criminal justice statistics data collection and sharing capacity. The census collected data from nearly 350 tribes in the continental U.S. and is the first comprehensive effort to identify the range of justice agencies operating in tribal jurisdictions, the services those agencies...