{"id":38484,"date":"2019-07-09T13:41:56","date_gmt":"2019-07-09T18:41:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38484"},"modified":"2019-07-09T14:31:56","modified_gmt":"2019-07-09T19:31:56","slug":"sierrawave-net-inyo-county-bishop-paiute-tribe-reach-settlement-re-searches-seizures-and-arrests","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=38484","title":{"rendered":"SierraWave.net: Inyo County, Bishop Paiute Tribe Reach Settlement [re searches, seizures, and arrests]"},"content":{"rendered":"<p>SierraWave.net: <a href=\"https:\/\/www.sierrawave.net\/inyo-county-bishop-paiute-tribe-reach-settlement\/\">Inyo County, Bishop Paiute Tribe Reach Settlement<\/a>:<br \/>\n<!--more--><\/p>\n<blockquote><p>The parties reached a tentative settlement at a Mandatory Settlement Conference held before  Federal Magistrate Jennifer Thurston in Bakersfield on May 6, 2019.  Since the Conference, the parties have worked together to craft a final settlement document, which was signed by all parties. Among other things, the document memorializes the parties\u2019 agreements on the following points of law:<\/p>\n<p>\u25cf The Tribe has the inherent authority to establish a law enforcement department to investigate and enforce violations of Tribal laws, to the extent allowed for under existing laws;<br \/>\n\u25cf Tribal law enforcement personnel have the authority prescribed by law to detain persons on the Reservations, within the bounds of the Fourth Amendment, for the purpose of investigating possible Tribal law violations;<br \/>\n\u25cf If, during the course of investigating a possible violation of Tribal law, a Tribal officer discovers the person may have violated state or federal law, then the Tribal officer may detain the person on the Reservation, within the bounds of the Fourth Amendment, and thereafter must promptly transport and\/or turn that person over to the state or federal law enforcement agency with jurisdiction;<br \/>\n\u25cf In carrying out the inherent authority of the Tribe, as defined by federal common law, Tribal officers on Tribal land who are enforcing Tribal ordinances are not acting as or impersonating a state peace officer while detaining a person who has violated state or federal law, provided that the Tribal officers are otherwise acting pursuant to authority granted to them by the Bishop Paiute Tribal Council, and not holding themselves out or representing to the public that they are acting as state peace officers; and<br \/>\n\u25cf In carrying out the inherent authority of the Tribe with regard to detaining persons on the Reservation, within the bounds of the Fourth Amendment, these acts do not constitute false imprisonment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>SierraWave.net: Inyo County, Bishop Paiute Tribe Reach Settlement:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-38484","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38484","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38484"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38484\/revisions"}],"predecessor-version":[{"id":38485,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38484\/revisions\/38485"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38484"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38484"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38484"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}