Legal Question in Criminal Law in California
can a county sheriff serve a search warrant to a non indian on tribal land without a federal marshall or agent present?
2 Answers from Attorneys
Yes. Under federal legislation passed 50 years ago, commonly known as Public Law 280, county sheriffs and district attorneys have criminal jurisdiction over tribal land. They do not have to get federal law enforcement involved.
I agree with Mr. Marshall. Public Law 280 applies to the following states: California, Minnesota -all Indian country, except the Red Lake Reservation, Nebraska, Oregon - all Indian country, except the Warm Springs Reservation, Wisconsin - all Indian country and Alaska- all Indian country, except Metlakatla criminal jurisdiction.
Confusion may arise from other states that are not affected by Public Law 280, where the federal government retained exclusive jurisdiction over tribal lands.
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