35.06.120 Apprehension of Suspected Violators

(a) Any Authorized Officer who has reasonable grounds to believe that a person has violated this Code, either in or out of the officer's presence, shall identify himself or herself to such person and promptly determine whether the person is a Member or Non-member, and if a Non-member, whether the person is Indian or non-Indian. In making such determination, the officer may demand identification and ask such questions as the officer reasonable believes are necessary to make the determination.

(b) Any person who an Authorized Officer reasonably believes to have violated this Code may:

(1) Be issued a Complaint, pursuant to Section 35.06.130, and, if appropriate, be required to post a bond, pursuant to Section 35.06.150, and be released; or

(2) If the suspected violator is a Member or Non-member Indian, be arrested and held for initiation of criminal prosecution; or

(3) If the suspected violator is a Non-member, be arrested and held for initiation of federal prosecution and/or expulsion procedures provided for by Tribal law.

(c) If the suspected violator refuses to identify him or herself the officer shall enter a fictitious name, such as John Doe, on the Complaint. After learning the defendant's true name, the Tribe shall amend the Complaint to reflect the defendant's true name.