U.S. Magistrate Judge Mark Moreno has recommended that motions to suppress evidence in an assault case on the Rosebud Reservation be denied, rejecting the defendants’ argument that because the arresting tribal police officers were not certified, the evidence they gathered should be suppressed. The story appeared today in the Rapid City Journal.
According to the article, which quoted Marty Jackley, U.S. Attorney for South Dakota, similar arguments to suppress evidence have been made in four other cases in federal court, including two consolidated with this case, one juvenile matter and another case with a separate officer. Similar complaints about the lack of valid tribal police commissions were used by defense attorneys to dismiss about 300 criminal cases in tribal court, according to tribal prosecutors.
U.S. District Judge Karen Schreier may accept, reject or modify Moreno's findings on the evidence-suppression motion, according to Marty Jackley, U.S. Attorney for South Dakota. The defendant argued that because the arresting officers carried invalid or expired tribal police commission cards, the officers were not commissioned tribal officers and therefore had no authority to arrest, search, detain or seize evidence in the case.
The police commission had expired because according to tribal law, they have to be renewed every two years. The council discovered the situation in January and renewed police officers commissions.
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