terry stop

Issues

This case asks the Supreme Court to rule on whether a tribal police officer has authority to temporarily stop and search a non-Indian on public rights-of-way within Indian jurisdiction based on a potential violation of state or federal law. Petitioner United States argues Indian tribes have broad sovereign authority to protect people and property within its borders, which includes the authority to temporarily stop and search non-Indians in Indian jurisdiction for potential state- or federal-law violations. Respondent Cooley counters that Indian tribes have no such authority because they do not have inherent sovereign authority to conduct this type of stop and search; in addition, neither Congress nor the courts have given tribal officers the authority to do so. The outcome of this case has significant policy implications raising concerns of the proper balance between public safety and individual rights on Indian jurisdiction. The case also implicates the scope of tribal sovereignty and the proper role of Congress and the courts in delineating the extent of tribal authority over non-Indians within tribal territory.

Questions as Framed for the Court by the Parties

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