Legal Opinion
State v. Harrison
New Mexico Supreme Court
Decided June 8, 2010No. 31,224PublishedCited by 12 opinions
1Opinion of the Court
OPINION
MAES, Justice.
{1} In this appeal, we must determine whether a state, county, or local peace officer, 1 who is not cross-commissioned with the Bureau of Indian Affairs (BIA) or an Indian nation, tribe, or pueblo, see NMSA 1978, § 29-1-11 (2005), has the authority to pursue an Indian into Indian country to investigate an off-reservation crime committed in the officer’s presence. We conclude that state officers have the authority to enter Indian country to investigate off-reservation crimes committed by Indians, so long as their investigation does not infringe on tribal sovereignty by…
2Cases cited42 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Williams v. LeeSupreme Court of the United States · 1959
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
- Nevada v. HicksSupreme Court of the United States · 2001
- Organized Village of Kake v. EganSupreme Court of the United States · 1962
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3Cited by12 opinions
- Princeton Place v. N.M. Hum. Servs. Dep'tNew Mexico Supreme Court · 2021
- State v. FROHNHOFERNew Mexico Court of Appeals · 2011
- People v. CollinsMichigan Court of Appeals · 2012
- State v. CummingsSouth Dakota Supreme Court · 2021
- State v. SanchezNew Mexico Court of Appeals · 2014
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