Anyone else happen to notice that those cops were white?

...before the ethnic slurs come out like this is some kind of Stone Mountain Klan meeting.

Reverse this....whitey LE holding tribal members at gun point on a Rez..think that might make King5 ?

Off reservation and in regard to non-tribal members, the tribal cops are NOT LE. They are citizens. Like any concerned citizen, they should have called legitimate LE. What the tribal cops did was the same as if Abu and Stlhead here had approached the hunting party with weapons drawn and cuffed and detained them.

A significant legality seems to be being overlooked by some in this thread. In the described situation, the tribal cops are just citizens, not cops, not LE. Therefore they screwed up royally.

Sg

Just to provide some background knowledge for you guys.

As said before tribal police can only arrest tribal members. Tribal police can detain non-tribal members on tribal land, they simply just wait for a city, state or county agency to come arrest the non-tribal member.

However a year or two ago a law was passed saying that if a tribal officer has gone through the same training and background testing as a regular non-tribal officer is required to go through then that tribal officer can seek a county comission from the county sheriff (basically deputizing the tribal officer) if the tribal officer is granted a county comission he has the authority to arrest all people, doesn't matter if they are tribal or not. This issue was not well liked by county sheriffs and to my knowledge the only tribal police department that has officers who have county comissions are the Tulalips which have Snohomish county sheriff authority.

The only reason that tribes want their officers to have county comission is because of the casino industry. The Snoqualmie tribe for example was building a tribal police department so they could police the Snoqualmie Casino, while they were building the police department the tribe basically paid the king county sheriffs department for police services. Well the person who was hired as the police chief of the Snoqualmie tribe went to the sheriffs office asking that his officers be county commissioned so they could enforce all laws just like a county deputy. Well he soon learned that the King County Sheriffs office does not commission any agency no matter if its a state, tribal or federal agency. Since then the Snoqualmie tribe PD is basically gone and they are still paying the county for police services.

You do not have to be a tribal member to be a tribal police officer, they just prefer for you to be tribal

Those houses are on the other side of the bay,no way a muzzle loader's gonna even come close to them if they did miss and not connect with the animal.The general public is really "green" when it comes to open season's and special hunts and from the sounds of it so are the tribal fuzz.Good luck,
STRIKE ZONE

+ 1 end of story, pretty cut and dry to me.

So if that is the case, then you are looking at 'unlawful detainment' or something like that, which is more than just a civil issue, the LE guys should be arrested as such.

In regards to Abu Loomis' comment about 20/20, you are right many would be celebrating the LEOs for making the detainment, but they still should get in trouble for doing that (regarding jurisdiction). It sounds like there were plenty of witnesses, many of which thought they were turning in poachers, who are going to end up being witnesses for the prosecution when the civil trial comes down.

Will be interested to see how the tribe approaches the action of their LEOs, and whether or not they have their back, or do all that is possible to distance themselves from them.

Fascinating and infuriating.

"Just another example of why reservations, and indian "rights" should be done away with! "

Won't happen.

No jurisdiction = assualt with deadly weapon + trespassing?

I don't think anyone was assaulted, but Felony Harrasment, unlawful detainment, trespassing. Full disclosure : I just play a DA on the interwebz.

I'm pretty sure that the threat of violence is considered assualt in the U.S.

Not quite correct, or to put a "Fine Point" on it, the County Sheriff can choose to cross deputized a tribal officer (after all the training, etc.,), (here's the important fine point) Butttttttttttttttt only within the confines/boundaries of that particular county, not other counties. Clallam County Sheriff Bennett has chosen to cross deputize tribal officers in Clallam County. The Sheriff of Jefferson County (Brinon where the incident occured) has chosen NOT to cross deputize Tribal Officers. The effect is that in Jefferson County NO TRIBAL OFFICERS have any LE Color of Authority!!!! Those tribal cops are essentially toast and should be arrested for kidnapping, a very serious felony. And as "Employees of the Tribe/Corporation", i.e., 7 Cedars Casino/Deeeeeeeeeeeeeeeeeeeeeep Pockets, those guys will appropriately wind up wealthy. Bottom Line -- Tribal Cops = Very Stooooooooooooooooooooooooooooooooooooooopid.

Oh, what has not been mentioned was that it was a "Muzzle Loading Only" hunt, and with the limited range of a muzzle loader, no houses/cars on 101/libtards were in jeopardy. And if those Tribal Cops in any way felt threatened by a SINGLE SINGLE SHOT MUZZLE loader, they are in the wrong line of work!!!!!!

Not to hijack this but a sad day for their family....

BRINNON -- Andrew Boling, 21, of Brinnon -- the brother of a man who says tribal police unlawfully detained him while hunting Saturday -- died Tuesday night in a single-car wreck when his truck left the roadway and struck a telephone guide pole and two trees.

Adam Boling, 28, said Wednesday that his brother's death devastated his family.

"Everybody is torn up right now," he said. "He was way too nice of a guy to have this happen to him."

Adam Boling, one of three men detained by Port Gamble S'Klallam tribal police while hunting Saturday near Brinnon, has filed a complaint with the Jefferson County Sheriff's Office that he and the others were unlawfully detained.

His brother, Andrew, was not in the hunting party. The wreck is not thought to be related to Saturday's incident.

Mr. Boling was traveling northbound along U.S. Highway 101 at 10:15 p.m., about 1.5 miles south of Brinnon, in a 1993 Ford F-250 pickup truck, when the pickup left the road to the right, struck a telephone guide pole, traveled down an embankment and struck two trees.

He was pronounced dead at the scene.

Very sad

Noted.

Pointing a weapon at another person is assault, but there are defenses for it. The captain of the tribal police and the other officer do not have any such defense, as there was no crime taking place, nor was their personal safety in jeopardy. There was no mention of loaded weapon, etc., in the truck. WDFW and JCSO said there was no issue, otherwise they would have cited them.

Being off res, the tribal cops were just another US citizen.

There is a reasonable time thaht LEO's have for a "Stop & detain", but that is 10-20 minutes, or at least that is what I was taught in the academy. The captain should certainly have known better.

Appears that way.

The key issue is, if they don't hold a LE commission in that county -- and so far everyone has said they don't -- they have made a VERY BIG mistake and may be wide open to being held responsible in civil court.

Here's a summary of 'tribal immunity':

...the law of tribal sovereignty as it has developed in the federal courts and by federal statutes, executive orders and treaties over the last two centuries now rests on several fairly well-settled tenets: 1) tribes have virtually unlimited authority over internal tribal affairs; 2) tribes are subject to the plenary, or absolute, power that Congress has over them; 3) tribes are presumptively immune from state law; 4) tribes cannot be sued absent their express consent or a waiver of their immunity; and 5) tribal sovereign immunity does not extend to individual tribal members except to the extent that tribal officials act within the scope of their official capacities.

"Those houses are on the other side of the bay,no way a muzzle loader's gonna even come close to them "

I knew someone would go there. That wasn't the point. The point is, in that place, you were asking for attention and got it .

We'll see how it all plays out in the courts. The sad part is we need a lot more checking out there not less.

BTW: As for the 2 year old I highly doubt he'll be scarred for life.

And very sad about the accident.

This would not be considered an assualt, more like brandishing. BIG difference. (at least in California). Again there is an assumption the Tribal cops had no police powers off the rez, I am still waiting to have that clarified. Ever heard of BIA ? Let me play devils advocate, how close to Hwy 101 where they (strict laws govern how close to a roadway you can shoot), why have a centerfire riffle in a vehicle during a muzzleloading only hunt ? I find it silly that anyone who had never been in law enforcement would question why the tribal cops had their guns out. Hmm lets see truck load of guys with guns, lets just walk up and talk to em. Good way to get dead. I need more information before I can go one way or the other. FLAME AWAY, just putting different outlook in the mix.