United States v. Cooley
Below are plain-language sections to help you understand what the Court decided in United States v. Cooley and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of United States v. Cooley.
In United States v. Cooley, the Supreme Court addressed whether tribal police have the authority to detain and search non-Indians on public rights-of-way within a reservation for potential state or federal law violations. The Court vacated the Ninth Circuit's decision, which had limited tribal officers' authority. The Court found that tribal officers have inherent authority to detain and search non-Indians when their conduct threatens the health or welfare of the tribe.
Holding
The single most important “bottom line” of what the Court decided in United States v. Cooley.
The Court held that a tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way within a reservation for potential violations of state or federal law.
Constitutional Concepts
These are the Constitution-related themes that appear in United States v. Cooley. Click a concept to see other cases that involve the same idea.
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Why Search and Seizure is relevant to United States v. Cooley
The case involves the authority of tribal police to detain and search non-Indians on public rights-of-way within a reservation.
Syllabus excerpt (verbatim)Held: A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law.
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Why State–Federal Power is relevant to United States v. Cooley
The case addresses the allocation of authority between tribal and federal jurisdictions.
Syllabus excerpt (verbatim)A tribe retains inherent authority over the conduct of non-Indians on the reservation 'when that conduct threatens or has some direct effect on . . . the health or welfare of the tribe.'
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Why Procedural Due Process is relevant to United States v. Cooley
The case involves the procedures tribal officers must follow when detaining non-Indians.
Syllabus excerpt (verbatim)The Ninth Circuit concluded that Saylor had failed to make that initial determination here.
Key Quotes
Short excerpts from the syllabus in United States v. Cooley that support the summary and concepts above.
A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law.
The Court doubts the workability of the Ninth Circuit's standards.
Existing legislation and executive action appear to operate on the assumption that tribes have retained this authority.



