Friday, August 15, 2008

Court Rules P.L. 280 Does Not Extend to Civil Laws in Minnesota

Here’s another case that points to the complexities of Public Law 280, which gives certain states criminal jurisdiction on tribal land. The state of Minnesota charged an enrolled member of the Minnesota Chippewa tribe with DUI and refusing to submit a chemical test, which triggered an automatic seizure of his vehicle. The offense took place on the White Earth Reservation. The Court of Appeals for Minnesota ruled that although the state had jurisdiction over the crime of DUI and refusing to submit to a chemical test, the law that allowed for the vehicle seizure was civil and therefore the state did not have jurisdiction. The case is Morgan v. 2000 Volkswagen, Court of Appeals of Minnesota.

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