Brief of respondent Joshua James Cooley in opposition filed. SET FOR ARGUMENT on Tuesday, March 23, 2021. We then granted the Governments petition for certiorari in order to decide whether a tribal police officer has authority to detain temporarily and to search non-Indians traveling on public rights-of-way running through a reservation for potential violations of state or federal law. 191414. Brief of respondent Joshua James Cooley in opposition filed. PRIVACY POLICY filed. This score is . In all cases, tribal authority remains subject to the plenary authority of Congress. Joshua Cooley later sought to have the evidence against him suppressed. Record requested from the U.S.C.A. Saylor took Cooley to the Crow Police Department where federal and local officers further questioned Cooley. While the driver talked, he allegedly began pulling wads of cash from his pockets, which the officer says alarmed him. Given the close fit between the second exception and the circumstances here, we do not believe the warnings can control the outcome. Motion for leave to proceed in forma pauperis filed by respondent GRANTED. 510 U.S. 931 (1993). There is, however, an Indian Civil Rights Act (ICRA) analogue to the Fourth Amendment, which protects individuals from unreasonable searches and seizures by an Indian tribe. He saw a glass pipe and plastic bag that contained methamphetamine. Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. Motion to dispense with printing the joint appendix filed by petitioner GRANTED. The NIWRC argued that ultimately the Ninth Circuits decision would impede the policy goals Congress has issued in combating violence against Native women, and Native women and girls would suffer as a result. But opting out of some of these cookies may affect your browsing experience. See, e.g., Plains Commerce Bank v. Long Family Land & Cattle Co., In issuing a standard which would force Tribal law enforcement to wait until domestic violence became apparent or obvious to execute a search, the Ninth Circuits decision threatened the lives of Native women. Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. joshua james cooley: Birthdate: 1830: Death: 1914 (83-84) Immediate Family: Son of henry cooley and susannah rebecca cooley Husband of maria cooley Father of john cooley. Amicus brief of Citizens Equal Rights Foundation not accepted for filing. Motion to extend the time to file the briefs on the merits granted. Cooley, charged with drug and gun offenses, successfully moved to suppress the drug evidence. The brief argued that this is plainly seen in the perils many Tribal Nations face because of the Missing and Murdered Indigenous Women and Girls (MMIWG) crisis on Tribal lands. Argued. Motion to extend the time to file the briefs on the merits granted. The statutory and regulatory provisions to which Cooley refers do not easily fit the present circumstances. . Brief amici curiae of Former United States Attorneys filed. (Response due July 24, 2020). 17-30022 Plaintiff-Appellant, D.C. No. 520 U.S. 438, 456, n. 11 (1997). In the majority (and unanimous) opinion authored by Justice Stephen Breyer, the Court overturned the Ninth Circuit Court of Appeals decision which concluded that Tribal law enforcement may only stop and detain a non-Indian suspect if it is apparent or obvious that a crime is being committed. Toll-Free: 855.649.7299, Resource Library filed. filed. The defendant in the case, Joshua James Cooley, was arrested after a tribal police officer noticed his truck idling on the side of a highway that runs through the Crow Indian Reservation in Montana. Response Requested. Get free summaries of new US Supreme Court opinions delivered to your inbox! Brief of respondent Joshua James Cooley in opposition filed. Additional officers, including an officer with the federal Bureau of Indian Affairs, arrived on the scene in response to Saylors call for assistance. In response, Cooley cautions against inappropriately expand[ing] the second Montana exception. Brief for Respondent 2425 (citing Atkinson, 532 U.S., at 657, n.12, and Strate, 520 U.S., at 457458). Congress purposefully extended VAWA jurisdiction not only to lands held in trust, but all lands within the bounds of a reservation. Saylor made no additional attempt to find out whether Cooley was an Indian or not. Henkel settled on a version of a standard reached by the Ninth Circuit which he phrased as an active breach of the peace.. UNITED STATES V. JOSHUA JAMES COOLEY 3 Washington, D.C. Tuesday, March 23, 2021, the above-entitled matter came on for oral argument before the Supreme Court of the United States at 10:00 a.m.APPEARANCES: ERIC J. FEIGIN, Deputy Solicitor General, Department of Justice, Washington, D.C.; on behalf of the Petitioner. filed. (internal quotation marks omitted). 0 Reputation Score Range. Even a cursory review of Duro and Strate, however, reveals that [the Supreme Court] did not recognize that Indian tribes possess the broad authority to detain, investigate, search, and generally police non-Indians. Breyer, J., delivered the, Heidepriem, Purtell, Siegel & Hinrichs, LLP, Party name: Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Federal Public Defender, District of Arizona, Party name: National Association of Criminal Defense Lawyers, Party name: The Ninth Circuit Federal Public and Community Defenders, Party name: Citizens Equal Rights Foundation, Party name: Former United States Attorneys, Party name: National Indigenous Women's Resource Center, Patterson Earnhart Real Bird & Wilson LLP, Party name: Ute Indian Tribe of the Uintah and Ouray Reservation, Party name: Indian Law Scholars and Professors, Party name: National Congress of American Indians and Other Tribal Organizations, Party name: Current and Former Members of Congress. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. brother. We set forth two important exceptions. Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. After communicating with Cooley, Officer Saylor detained him and conducted a search of the truck. Nancy Cooley. 520 U.S. 438, 456 n.11; see also Atkinson Trading Co. v. Shirley, 508 U.S. 679, 694696 (1993); Duro v. Reina, (Distributed). See Brief for Cayuga Nation etal. Brief amici curiae of National Indigenous Women's Resource Center, et al. Because many reservations are home to a predominantly non-Indian population, including many of the 26 VAWA-implementing Tribal Nations, the Ninth Circuits unworkable standard for Tribal law enforcement in effectuating stops of non-Indians suspected of committing a crime on reservations threatened to jeopardize Native womens safety further. Cooley adds that federal cross-deputization statutes already grant many Indian tribes a degree of authority to enforce federal law. Ultimately, after two separate searches of the vehicle, the officer found a pistol next to the drivers hand, along with methamphetamine and drug paraphernalia. Argued March 23, 2021Decided June 1, 2021. Lame Deer, MT 59043 See, e.g., Brief for Current and Former Members of Congress as Amici Curiae 2325; Brief for Former U.S. Attorneys as Amici Curiae 2829. Argued. Gorsuch, leaning toward the respondent, pushed back and wondered why a Terrystop was even lawful. (Appointed by this Court.). 9th Circuit is electronic and located on Pacer. The 9th Circuit decision is now being reviewed by the Supreme Court. Motion to dispense with printing the joint appendix filed by petitioner United States. We held that it could not. brother. Joshua James Cooley, Joshua J Cooley. Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. Waiver of the 14-day waiting period under Rule 15.5 filed. See, e.g., Michigan v. Bay Mills Indian Community, Most notably, in Strate v. A1 Contractors, We have previously noted that a tribe retains inherent sovereign authority to address conduct [that] threatens or has some direct effect on . 9th Circuit. The brief asked the court to consider if a law enforcement officer is patrolling Fort Pecks Reservationwhere the Tribe has implemented VAWAs SDVCJand he sees a Native woman with severe bruising on her face and extremities, does that make the situation sufficiently apparent or obvious to detain her non-Indian husband for questioning? Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Fearing violence, Saylor ordered Cooley out of the truck and conducted a patdown search. We turn to precedent to determine whether a tribe has retained inherent sovereign authority to exercise that power. The other officers, including an officer with the federal Bureau of Indian Affairs, then arrived. We also use third-party cookies that help us analyze and understand how you use this website. The officer looked inside and claimed that he saw the driver had bloodshot, watery eyes and that a little boy was climbing on his lap. He called tribal and county officers for assistance. Brief amici curiae of National Indigenous Women's Resource Center, et al. Legal Briefing United States Of America, Petitioner V. Joshua James Cooley, Respondent Abstract: BRIEF AMICI CURIAE OF THE CROW TRIBE OF INDIANS, THE NATIONAL CONGRESS OF AMERICAN INDIANS, AND OTHER TRIBAL ORGANIZATIONS Download PDF Brief amici curiae of Former United States Attorneys filed. Waiver of the 14-day waiting period under Rule 15.5 filed. 89. Non-Indian status, the panel added, can usually be determined by ask[ing] one question. Ibid. OPINIONS BELOW The opinion of the court of appeals (Pet. During oral argument, Deputy Solicitor General Eric J. Feigin argued on behalf the government petitioner that Indian tribes retain inherent authority to detain non-Indians on reasonable suspicion because those limited powers are not inconsistent with the powers of the federal government. ), Judgment VACATED and case REMANDED. None of these facts are particularly unusual or complex on their own. Brief amici curiae of Cayuga Nation, et al. Motion DISTRIBUTED for Conference of 3/19/2021. 19-1414, on March 23, 2021. 37. We reiterated this point in Atkinson Trading Co. v. Shirley, 450 U.S. 544, 566 (1981); see also Strate v. A1 Contractors, 492 U.S. 408, 426430 (1989) (plurality opinion). The Supreme Court vacated. Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. Brief amici curiae of National Indigenous Women's Resource Center, et al. Breyer, J., delivered the. Brief amici curiae of Lower Brule Sioux Tribe, et al. . Cooley Holding: A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law. Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. 19-1414 . Alito, J., filed a concurring opinion. In that case we asked whether a tribe could regulate hunting and fishing by non-Indians on land that non-Indians owned in fee simple on a reservation. (Distributed). Motion to dispense with printing the joint appendix filed by petitioner United States. On January 15, 2021, the NIWRC, joined by 11 Tribal Nations and 44 non-profit organizations committed to justice and safety for Native women, filed an amicus brief in the United States Supreme Court in support of petitioner United States in Cooley. (Due October 15, 2020). Cooley had challenged the authority of Tribal law enforcement to stop and detain non-Indians suspected of committing crimes within the borders of a reservation. Record from the U.S.C.A. Tribes also lack inherent sovereign power to exercise criminal jurisdiction over non- Indians. We'll assume you're ok with this, but you can leave if you wish. Argued. See Brief for Respondent 2830; see generally 25 U.S.C. 2803(5), (7) (Secretary of the Interior may authorize tribal officers to make inquiries of any person related to the carrying out in Indian country of federal law and to perform any other law enforcement related duty); 2805 (Secretary of the Interior may promulgate rules relating to the enforcement of federal criminal law in Indian country); 25 CFR 12.21 (2019) (Bureau of Indian Affairs may issue law enforcement commissions to tribal police officers to obtain active assistance in enforcing federal criminal law). The Court identified in Montana two exceptions to that general rule, the second of which fits almost like a glove here: A tribe retains inherent authority over the conduct of non-Indians on the reservation when that conduct threatens or has some direct effect on . VAWA Sovereignty Initiative Waiver of right of respondent Joshua James Cooley to respond filed. Even though Congress recognized in VAWA 2013 that the Tribal police of a VAWA-implementing Tribe have full authority to arrest non-Indians who commit domestic violence crimes on a reservation, the Ninth Circuit standard in Cooley would leave an open-ended question as to whether Tribal police would have to ascertain the suspects Indian status before effectuating a Terry stop, even if they had reasonable suspicion that the suspect committed a crime of domestic violence. 495 U.S. 676, 687688 (1990); Brendale v. Confederated Tribes and Bands of Yakima Nation, Brief amici curiae of Current and Former Members of Congress filed. SET FOR ARGUMENT on Tuesday, March 23, 2021. (Distributed), Amicus brief of Citizens Equal Rights Foundation not accepted for filing. 0 Reputation Score Range. The second requirement introduces a new standard into search and seizure law and creates a problem of interpretation that will arise frequently given the prevalence of non-Indians in Indian reservations. Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. Brief of respondent Joshua James Cooley filed. (Distributed). Does the authority here come from the Constitution? Justice Brett Kavanaugh asked. It added that a tribal police officer nonetheless could stop (and hold for a reasonable time) a non-Indian suspect, but only if (1) the officer first tried to determine whether the person is an Indian, and, if the person turns out to be a non-Indian, (2) it is apparent that the person has violated state or federal law. Feigin pushed back a bit about the framing of the question but Gorsuch got his way and the government attorney said he thought the adjudicatory process was probably where the Major Crimes Act begins. Brief amici curiae of Lower Brule Sioux Tribe, et al. Saylor spoke to the driver, Joshua James Cooley, and observed that Cooley appeared to be non-native and had watery, bloodshot eyes. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Id., at 1142. See, e.g., Plains Commerce Bank, 554 U.S., at 328330; Nevada v. Hicks, This Court granted the government's petition for a writ of certiorari (Distributed), Brief amicus curiae of National Association of Criminal Defense Lawyers filed. 9th Circuit is electronic and located on Pacer. Throughout the Petition, the government repeatedly conflates the power to detain and transport with the power to detain, investigate, and generally police. filed. (Distributed). NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. for the Ninth Circuit . Joshua James Cooley was parked in his pickup truck on the side of a road within the Crow Reservation in Montana when Officer James Saylor of the Crow Tribe approached his truck in the early hours of the morning. But we also said: We do not here question the authority of tribal police to patrol roads within a reservation, including rights-of-way made part of a state highway, and to detain and turn over to state officers nonmembers stopped on the highway for conduct violating state law. If left untouched, the brief argued, the Ninth Circuit standard would be nearly impossible to implement consistently and would serve only to incentivize criminals to lie about their identity. Tribal police officers have the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Waiver of the 14-day waiting period under Rule 15.5 filed. His age is 40. Respondent was represented by counsel appointed under the Criminal Justice Act, 18 U.S.C. The first requirement produces an incentive to lie. Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. The time to file respondent's brief on the merits is extended to and including February 12, 2021. Henkel argued there isnt a remedy beyond exclusion of evidence, which appeared to be the answer Gorsuch was looking for. Oct 15 2020. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The conclusion that Saylors actions here fall within Montanas second exception is consistent with the Courts prior Montana cases. (Corrected brief submitted - March 22, 2021), Brief amicus curiae of Citizens Equal Rights Foundation filed. However, the where andthe who are of profound import. ), Judgment VACATED and case REMANDED. The Court then cited the NIWRCs brief, which contained the statistic that more than 70% of residents on several reservations are non-Indian, to support that because most of those who live on Indian reservations are non-Indians problems with interpreting when the apparent standard is met could arise frequently.. Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. Cooley was taken to the Crow Police Department for further questioning and subsequently indicted by a federal grand jury on drug and gun offenses. DISTRIBUTED for Conference of 11/20/2020. Held:A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The first requirement, even if limited to asking a single question, would produce an incentive to lie. Before we get into what the justices said on Tuesday, heres some background on the case. When Cooley began feeling around the inside of his pockets, the officer ordered Cooley out of the car for a search. Ibid. 9th Circuit is electronic and located on Pacer. Finally, we have doubts about the workability of the standards that the Ninth Circuit set out. Second, we said that a tribe may also retain inherent power to exercise civil authority over the conduct of non-Indians on fee lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe. Id., at 566 (emphasis added). Elijah Cooley. Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Finally, the Court doubts the workability of the Ninth Circuits standards, which would require tribal officers first to determine whether a suspect is non-Indian and, if so, to temporarily detain a non-Indian only for apparent legal violations. JOSHUA JAMES COOLEY, Respondent, On Petition for a Writ of Certiorari to the . 554 U.S. 316, 330, this case does not raise that concern due to the close fit between Montanas second exception and the facts here. Before we get into what the justices said on Tuesday, here's some background on the case. 450 U.S. 544 (1981), is highly relevant. To be sure, in Duro we traced the relevant tribal authority to a tribes right to exclude non-Indians from reservation land. LOW HIGH. In doing so we have reserved a tribes inherent sovereign authority to engage in policing of the kind before us. Cooleys argument before the District Court was that the evidence of contraband seized by the Crow police officer during the search was inadmissible because the Tribal officer did not possess the requisite authority to seize him. Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. Record from the U.S.C.A. As the NIWRC pointed out, the very highway where Crow police stopped James Cooley runs through Big Horn County, where cases of 32 and counting missing or murdered Native women or girls have occurred, making Big Horn County one of the counties with the highest rates of homicide of Native women and girls in Montana, and among the highest nationwide. JusticeSamuel Alito appeared equally skeptical of the governments and Henkels claims pressing the government on the broader argument they appeared to be making while not necessarily disagreeing with the conclusion the government sought. Photos. Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. Main Document Certificate of Word Count Proof of Service. Genealogy for Joshua Cooley (1798 - 1880) family tree on Geni, with over 230 million profiles of ancestors and living relatives. On the other hand, owing to their dependent status, tribes lack any freedom independently to determine their external relations and cannot, for instance, enter into direct commercial or governmental relations with foreign nations. Wheeler, 435 U.S., at 326. Motion for an extension of time to file the briefs on the merits filed. In addition, the Court sees nothing in existing federal cross-deputization statutes that suggests Congress has sought to deny tribes the authority at issue. 532 U.S. 645, 651. 18 U.S.C. 3731. (Distributed), Amicus brief of Citizens Equal Rights Foundation not accepted for filing. In answering this question, our decision in Montana v. United States, The time to file respondent's brief on the merits is extended to and including February 12, 2021. Motion DISTRIBUTED for Conference of 3/19/2021. 515, 559 (1832). denied, Principal at Tipton Hills Adult Foster. Respond ent Joshua James Cooley respectfully re-quests that this ourt affirmC the judgment of the United States Cour t of Appeals for the Ninth Circuit. 39. Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. And we hold the tribal officer possesses the authority at issue. You can reach Joshua James Cooley by phone at (541) 390-****. mother. The driver relayed a story about having pulled over to rest. Not the right Joshua? Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. The District Court then granted Cooleys motion to suppress the drug evidence and the United States appealed the decision to the Ninth Circuit Court of Appeals. filed. You're all set! DISTRIBUTED for Conference of 11/13/2020.