1.07.130 Removal Procedure

If an arrest is made within the Turtle Mountain Indian jurisdiction by an officer of an off-reservation jurisdiction in accordance with the provisions of Section 1.07.120 of this Code, he, without unnecessary delay, shall take the Indian person arrested to the Turtle Mountain Agency Branch of Law and Order in Belcourt, North Dakota, where the arrested Indian person will be permitted to either sign a waiver of removal hearing of alleged fugitive form, or taken before a Tribal Court Judge of the Turtle Mountain Tribal Court, for the purpose of determining only the lawfulness of the arrest.

If, in the event a hearing is held, the Judge determines that the arrest was lawful, he or she shall commit the Indian person arrested to await for a reasonable time the issuance of an arrest warrant by the off-reservation jurisdiction in which the offense was allegedly committed. If the Judge determines that the arrest was unlawful, he or she shall discharge the Indian person arrested.