Narragansett Indian v. State of Rhode Islan

OPINION EN BANC

SELYA, Circuit Judge.

This case pits the Narragansett Indian Tribe (the Tribe) against the State of Rhode Island (the State).1 It requires us to answer a challenging question of first impression: May officers of the State, acting pursuant to an otherwise valid search warrant, enter upon tribal lands and seize contraband (in this case, unstamped, untaxed cigarettes) owned by the Tribe and held by it for sale to the general public?

The district court answered this question affirmatively. See Narragansett Indian Tribe v. Rhode Island, 296 F.Supp.2d 153, 170 (D.R.I.2003). A panel of…