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Can a tribal policeman arrest & transport a non-tribal person to county jail when there's no Inter Local Agreement in place?

Aberdeen, WA |

According to RCW 10.92. 020 (2) an inter local agreement requires three things (1) the officer receive a commission certificate (2) an inter local agreement be signed; and (3) Department of Enterprise okay the liability insurance. So if a tribal officer, who states he is commissioned with a county sheriff's department, makes an arrest of a non-tribal person and transports that person off reservation land to the county jail SEVEN months before the County and the tribe sign the inter local agreement; and FIVE months before Department of Enterprise approves the liability insurance, did the tribal police officer have authority to do so? Did the county jail have the authority to receive and book the person from the tribal officer? Did the officer violate the RCW by doing so?

Attorney Answers 2

Posted

Check the prior answers to this question, which I believe accurately state the law on this issue.

www.integrityoregon.com

Good luck!

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1 lawyer agrees

Posted

You need to talk with a tribal attorney. Have you found one.

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