50.06.070 Authority of Tribal Police Department

The TMBCI Police Department shall be authorized to—

(a) carry firearms;

(b) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—

(1) an Indian tribe if authorized by the Indian tribe;

(2) the United States; or

(1) the offense is committed in the presence of the employee,¹

(2) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;

(3) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or

(4) (i) the offense involves—

(5) a misdemeanor controlled substance offense in violation of—

(A) the Controlled Substances Act (21 U.S.C. 801 et seq.);

(B) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); ² or

(6) a misdemeanor firearms offense in violation of chapter 44 of title 18;

(7) a misdemeanor assault in violation of chapter 7 of title 18; or

(8) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and

(9) the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;

(d) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the Tribe;

(e) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or the Tribe that has authorized the employee to enforce or carry out tribal laws;

(f) wear a prescribed uniform and badge or carry prescribed credentials;

(g) perform any other law enforcement related duty; and

(h) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.