State v. Kurtz

Defendant was driving a vehicle that was stopped by an Indian tribal police officer outside the boundaries of an Indian reservation, following a pursuit from within the reservation. He was charged with and convicted of the crimes of attempting to elude a “police officer” with a vehicle, ORS 811.540, and resisting arrest by a “peace officer,” ORS 162.315. On appeal, defendant assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that the tribal officer involved in the underlying traffic stop was not a “police officer” or “peace officer” as defined by the…