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Here is the opinion in United States v. Cooley. https://www.supremecourt.gov/opinions/20pdf/19-1414_8m58.pdf …
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SCOTUS rules against man who was searched and arrested while stopped on the side of a road located on a Native American reservation. He argued that, because he is not a Native American, there was no authority for tribal police to search him, and the evidence should be suppressed.
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Justice Breyer delivered the opinion for a unanimous court in United States v. Cooley. Justice Alito filed a concurring opinion.pic.twitter.com/83BBrF3aic
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Whaaaaaa???? That was a stupid argument lol. It’s their land, of course they had the right. People get charged in other countries all the time. I can’t believe he wasted the SC’s time like that.
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The issue was bc they stopped him based on violation of a state law. A similar issue was litigated in SCOTUS before, wrt fed police stopping driver for state traffic infraction. So it wasn’t totally crazy to argue this.
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So then our police can never search immigrants because there is no authority?
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By his reasoning, that is correct. But the SC ruled against him as they should’ve. The police have a right to search and arrest with suspicion in their jurisdiction. Also by the defendant’s reasoning, no legal foreign national could be arrested under our laws.
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This seems reasonable
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How did this get to the Supreme Court?
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My thought as well. I wonder if it was a novel issue or if there was a circuit split. Good to have the opinion to be the definitive rule on the issue, but this seems like a bit of a slam dunk.
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