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Hopland tribal police expand their authority

By GLENDA ANDERSON THE PRESS DEMOCRAT January 30, 2009

The Hopland Band of Pomo Indians tribal police will be able to submit some criminal cases directly to the Mendocino County District Attorney under an unusual agreement reached this week between the agencies this week.

“This is a major step forward for law enforcement on the Hopland Reservation,” said Roman Carrillo, chairman of the 750-member tribe, of which about 200 members reside on the rancheria. Another 4,000 people visit the tribe’s casino each week, officials said.

The agreement also calls for tribal police — currently 9 officers — to testify in court on their cases without requiring a subpoena.

“This agreement is significant in terms of streamlining the flow of tribal police reports directly to the District Attorney’s Office for review and possible prosecution,” said District Attorney Meredith Lintott.

State and local law officials believe the agreement between the tribe and the District Attorney’s Office is the first of its kind in California.

“This is unique” said Olin Jones, the director of the state Attorney General’s Office of Native American Affairs.

Currently all criminal reports taken by tribal police must first be submitted to the Mendocino County Sheriff’s Office, which then forwards the information to the District Attorney’s Office.

The details of the agreement have not been worked out with the Sheriff’s Office, but Sheriff Tom Allman said he’d feel comfortable allowing tribal police to take care of many non-violent misdemeanors.

Tribal officials said the agreement is not intended to usurp the Sheriff’s authority. “Under no circumstances are we taking the place of the Sheriff’s Office,” said Tribal Police Chief Martin McCarthy. “We just want to help and assist.”

But there are some cases in which tribal police already have at least equal, if not sole jurisdiction, he said. They already can conduct investigations into federal criminal cases, including crimes of domestic violence when the perpetrator crosses a border — which includes the reservation’s boundary, McCarthy said. Tribal police would also call in the Sheriff’s Office, which also has jurisdiction in such cases, he said.

Tribal police also have authority to enforce federal drug laws, he said. It does not recognize California’s law legalizing medical marijuana, so medical marijuana patients risk arrest if they bring pot onto the reservation, he said.

“The jurisdictional issues get very complicated,” McCarthy said.

The agreement with the District Attorney’s Office is one of several steps the tribe has taken toward its goal of eventually having its police officers deputized by the Sheriff’s Office, McCarthy said. The Hoopa Valley Tribe in Humboldt County has such an agreement, allowing them to assist deputies off the reservation when their help is requested.

“It’s a long evolution for tribal police,” McCarthy said.

The Hopland tribe’s journey began more than six years ago, when it began requiring that its police force have the same training mandated by city and county law enforcement agencies.

In 2004, the Department of the Interior granted the tribe the authority to enforce federal laws on the reservation and, under certain circumstances, off the reservation. In 2005, the tribe was granted federal authority to provide any law enforcement services required to persons who live, work and visit the reservation, paving the way for Tuesday’s agreement with the District Attorney’s Office.

In 2007, it entered an agreement with the Mendocino County Sheriff’s Office that allows tribal police to book people into the county jail under some circumstances.

“We’re taking it slow,” McCarthy said.

The agreement signed Tuesday may require approval by the Bureau of Indian Affairs before it can take effect.



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