Toss not just the tribal officers who screwed up, but also the buffoons who are defending their illegal action, if you believe stupidity should hurt.

I'm wondering if the amount of time the sheriff's report is taking is being lengthened while the tribe lobbies for an alternate conclusion. Seems like a long time for a rather simple report?

Sg

Given that WDFW admits that it does not have enough officers to adequately enforce the game laws, anybody wonder if, perhaps, the leadership in the state would like to see the Tribes help with enforcement? Look back at what Parker wrote on the 10-year plan thread.

The guys in this instance probably did such a poor job that it has attracted attention. Locally. Not much from the rest of the state media outlets.

Or maybe I am just looking for a black helicopter.

Very well put Salmo!
I can hear the lobbying myself!

"U and A" hunting area. They will get away with the gun play and assault, guaranteed.

Better be prepared to be "SWAT"ed to the dirt when you next walk out of the woods with your 22 and a pair of grouse if they get away with this.

I heard through tthe grapevine that there is a lawsuit in the works.This should be interesting to follow.

It would do alot toward the state having to keep the facts straight.

And Christine's Hands outta the Casino Tills

WE TRIBAL MEMBERS CAN TRESPASS EVEN WITH PERMISSION TO HUNT ON NON TRIBAL LAND........ WHAT A CROCK OF SHIOT! STATE WANTS TO CHARGE TWO TRIBAL MEMBERS WITH SHOOTING A GAME ANIMAL WITH PERMISSION FROM THE LAND OWNER FOR HUNTING ON PRIVATE LAND..... LET'S GO, I CAN USE 50 PERCENT OF THE GAME ANIMALS IN WASHINGTON,,,,,,,,,, THAT'S WHAT IT WILL COME DOWN TO. U LOSE.....AGAIN.......TIRED OF ALL THE RACIST AND INDIAN FIGHTERS.............

I wonder if this will wind up coming down to a jurisdiction issue, or an inappropriate use of force issue.

Jurisdiction is a tricky matter. In law enforcement, four types of jurisdictional areas exist; exclusive, concurrent, partial, and proprietary. Tribal officers have exclusive jurisduction on their lands and their property. In general, law enforcement officers are given authority to act, in other words, what you can and can't do, through a variety of laws, acts of congress, state laws, legislature, etc. otherwise known as enabling legislation. Boundaries of authority such as reservation boundaries, county/state/national lines, park borders, etc are clearly defined in the these laws, rules, and regulations.

When law enforcement officers act outside of their jurisdiction, in most cases, they are treated as "highly armed private citizens" liable under tort law, and for criminal and civil offenses. As has been said a number of times, unless these tribal members were granted law enforcement authority through the appropriate body (in this case I would think the state) they were acting outside of their jurisdiction. The exception to this is when a commissioned officer takes action to protect a person or property from acts of violence under the Good Samaritan Act. I doubt that by any stretch of the imagination anyone would try to make a GSA case out of this issue.

Putting ethics issues aside, the facts of the "case" would seem to say that the hunters had a permit to take an animal, which they did, in legal fashion, on lands that they were granted permission to hunt.

If the tribal officers were outside of the area that they had been granted law enforcement authority, and their acts were not made to protect and individual or themselves from harm, but rather to prevent/penalize the hunters for suspected wildlife/hunting violations, it would seem as though they in for a bit of [censored]-storm. Add the fact that they drew weapons, illegally detained people for what might be considered an "unreasonable" amount of time, things could get ugly.

I suppose it will all depend on what the judge has to say though. Judges and magistrates hold a magic wand that is not always impartial and consistent.

In the interest of Friendship, I'd like to offer you a nice snugly warm blanket...

mstar.....head a little clearer this morning? You've got your facts screwed up....in more ways than one.

First of all, the hunters weren't tribal members, and the cops may or may not be, but they were acting under tribal authority.
Secondly, some have tried to make this a racial issue, but it's not......it's a policing policy issue (at least to me). Cops should not be treating citizens like criminals without good reason....get it? I don't give a damn whether the cops are tribal, white, Iranian, or Chinese......makes no difference. The "legal" aspects of this mess are an entirely different matter.....as any lawyer will tell you. I'm enraged by the treatment endured by legal hunters because the damn cops didn't know their ass from third base.

So get off the poor Indian soap box.

Kind of off topic but not really but how many of you have had to use the regs to cover your ars to wdfw officer?The regs are too complicated even for them.

I had one who did not know the boundaries to a bubble fishery here in Kitsap county.Tried to give me a ticket.I do not like fishing without a copy of the regs on me to this day because the copy in the boat saved me alot of grief.

Some interesting case history that might wind up applying.

http://en.wikipedia.org/wiki/Oliphant_v._Suquamish_Indian_Tribe

Yep, that's the applicable case law. As mentioned abundantly above, the tribal officers had exactly zero authority over the non-tribal hunters, which is why serious azz kicking is in order for both the officers and the cretin tribal officials defending the actions.

Sg

Federal, city, and state LE officials do the same or similar things to the citizens of this country on a regular basis. That is, act out of jurisdiction, use inappropriate methods, force, etc. Sometimes out of blatant disregard for the law, sometimes out of ignorance and honest mistakes.

This case should be treated just as those are. Appropriate corrective action taken, civil and/or criminal suits to follow, etc.

No need to start talking war here. Let the system deal with it appropriately. If the system fails, pick it up from there if you so desire.

NO its war. No more treaty. No more Rez. No more uncontrollable netting. No more Casino. Every one Equal. Clean slate. yea

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OK back to reality
Cant blame a guy for dreaming

The recent State law that allows cross-commissioning of tribal officers by a County Sheriff has a number of requirements to include some waiver of sovereign immunity from suit and the posting of a fairly large bond. In short, this allows for aggrieved non-tribal members to sue.

In this instance the tribal "officers" were apparently not cross-commissioned (I believe only the Tulalips have accomplished that). My speculation for what it is worth is that by acknowledging that the officers were acting in an official capacity the tribe is casting a protective cover around them from civil suit (but not criminal charges).

ColeyG, this is why the frustration. Tribal members are (1) members of a sovereign "nation" within a nation, (2) wards of the Government and (3) citizens of the U.S. While your voice of reason is certainly the civilized approach the problem remains of tribal actions against non-tribal citizens and the inability of such citizens to seek remedy in a courtroom. Once the WSP officer and Sheriff's Deputy arrived on scene and figured out what was happening they shouId have taken the tribal "officers" into custody. Had it been one of us having run out there with a loaded firearm under the same circumstances and put those folks into handcuffs at gunpoint I have no doubt what would have occurred when the real cops showed up. Waiting for the County prosecutor to announce charges.

"Some of those that work forces are the same that burn crosses" RATM Every different authority figure has their own cross to discrace, every diverse population sector same. I see the resolution being cohesive attempts at reform across the board. Will it go down, will it overcome all of the obstacles out their, probably not, but without hope, courage in a cause and a new way of thinknig the cycle of history is just going to keep playn over and over again like a bad marathon of reality tv. With inner city kids or any community with a lacking building of character and academic prosperity our nation steps in and tries to create policy to help the cause to get kids into shottn hoop or slammn guitar riffs instead of shooting this drug or slammn the next. Same goes with tribes. A civil war of sorts isn't going to change [censored]. Except a huge blackball on trying to take away the tribes rights. Sometimes a 1000 rounds of diplomacy can supercede the success of 1000 rounds of shots from ak's. I am disgusted just as much as the next guy at the bs going down on the reservations but it has to stop with articles from Herzog glorifying tribal guided trips. I'm sure some are legit but no for a fact that many are illegal as all hell. In the same note the dude that runs the hathcery on the Kalama Chris Wagerman sorry for the spelling to the readers to the douche bag I could give a rats ass how your pathetic existence is pronounced. You screwed up one of the best rivers in the state because you're incompetent, a wino, dirt bag spawner that is long over due for you're float downstream to join the bottom feeders. Get pieces of sh## like him OUT. SCIAFRICKNORA FOGBALL. Not a government program, come to jesus moment would save your pathetic worthless existence. Well I think I covered my feelings for captain dip s###, thanks to whom every time you go for summer runs winter runs spring chinook etc on the kalama you're getting a fraction of the fish to play with. Got Damn that felt good

I've had to exlpain a number of times to deputies and WDFW agents why I was able to hunt elk on the west side with an east side tag. (Special permit) Always keep a set of regs in your truck.

JackiePOO you missed your calling you should have been a brain surgeon. What a buch of senseless banter, get a life.