State v. Nahee

OPINION

JACOBSON, Presiding Judge.

In this case involving the tension between state and Indian tribal jurisdiction, we must determine whether the mistakes of the tribal authorities are visited upon the state prosecution in the form of the invocation of the exclusionary rule.

During the evening of March 22, 1985, or the early morning of March 23, 1985, someone broke into the Clarkdale Police Department, in Clarkdale, Arizona, and opened evidence lockers, destroyed items of evidence, opened desk drawers and file cabinets and strewed their contents about, smashed beer bottles which left a sticky…