Nottawaseppi Huron Band of the Potawatomi, MI Article II Arrests

§ 8.8-3 Arrest.

A. Arrest is the taking of a person into police custody in order that he may be held to answer for a criminal offense.

B. No member of the Tribal Police Department or other public safety officer deputized by the Tribe to enforce tribal criminal law shall arrest or apprehend any person for alleged criminal offense except under the following circumstances:

(1) When such offense shall occur in the presence of an arresting officer; or

(2) When an alleged offense is an offense under Article III (Offenses Against Person), Article XI (Offenses Against Family), or Article XII (Sex Crimes) of Chapter 8.6, Criminal Laws, of this title of the Tribe's Code;

(3) When the arresting officer acts pursuant to warrant issued by the Tribal Court commanding him or her to arrest such person.

C. When arresting a person without a warrant, the officer making the arrest shall inform the person arrested of his authority and the charge of the arrest, except when the person arrested is engaged in the commission of a criminal offense under this chapter, or if the person flees or forcibly resists arrest before the officer has time to inform him or her of the officer's authority. The return report of the officer making the arrest, endorsed upon the warrant upon which the accused person shall be subsequently held, affirming compliance with the provisions herein by the arresting officer, shall be prima facie evidence of the fact in the trial of any criminal case.

§ 8.8-4 Warrants for arrest.

A. Issuance.

(1) The Tribal Court shall have the authority to issue warrants for arrest only upon satisfaction of the issuing Tribal Court Judge that there is probable cause to believe that an offense against tribal law has been committed by the named accused, based on sworn written statements or sworn oral testimony.

(2) A complaint for an arrest warrant may be made by any electronic or electromagnetic means of communication, if the following occur:

(a) The prosecuting attorney authorizes the issuance of the warrant. Authorization may consist of an electronically or electromagnetically transmitted facsimile of the signed authorization.

(b) The Tribal Court Judge orally administers the oath or affirmation to an applicant for an arrest warrant who submits a complaint under this subsection.

(c) The applicant signs the complaint. Proof that the applicant has signed the complaint may consist of an electronically or electromagnetically transmitted facsimile of the signed complaint.

(d) The person or department receiving an electronically or electromagnetically issued arrest warrant shall receive proof that the issuing Tribal Court Judge has signed the warrant before the warrant is executed. Proof that the issuing Tribal Court Judge has signed the warrant may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant.

B. The arrest warrant shall contain the following information:

(1) Name or description and address, if known, of the person to be arrested.

(2) Date of issuance of the warrant. Description of the offense charged, including the section of the Tribal Code allegedly violated.

(3) Signature of the issuing Tribal Court Judge.

C. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of arrest but upon request shall, as soon as possible, show it to the defendant.

D. The warrant shall be executed within one (1) year of its issuance by the Tribal Court.

§ 8.8-5 Notification of rights at time of arrest.

Upon arrest, the suspect shall be advised immediately of the following rights:

A. That he has the right to remain silent.

B. That any statements made by him may be used against him in Tribal Court.

C. That he has the right to obtain counsel at his own expense.

D. That he has the right to make at least one completed telephone call to a friend and at least one completed call to a lay counselor or attorney immediately after being registered and identified at the jail, or sooner if there is an unreasonable delay in taking the accused to jail or in registering the accused at the jail.

E. Any other rights as provided for in 25 U.S.C. § 1302 (2013).

[Added 3-17-2016 by Res. No. 03-17-16-05]

§ 8.8-6 Summons in lieu of arrest warrant.

A. A tribal law enforcement officer or other properly deputized law enforcement officer authorized to enforce tribal laws, a Tribal Prosecutor or a Tribal Court Judge may, in lieu of an arrest warrant, issue a summons commanding the accused to appear before the Tribal Court at a stated time and place and answer to the charge.

B. The summons shall contain the same information as an arrest warrant, except that it may be signed by a tribal police officer, police officer deputized by the Tribe to enforce tribal law, or Tribal Prosecutor.

C. The summons shall state that, if a defendant fails to appear in response to the summons, a warrant for his or her arrest shall be issued.

D. The summons, together with a copy of the complaint, shall be served upon the defendant by delivering a copy to the defendant personally or by leaving a copy at his usual residence or place of business with a person of suitable age and discretion who also resides or works there. Service shall be made by an authorized law enforcement officer, who shall make a return of service which shall be filed with the records of the case.

E. For Class B and Class C misdemeanors defined in the Code of Criminal Offenses, Chapter 8.6, Criminal Laws, of the Tribe's Code, a misdemeanor ticket signed by a tribal law enforcement officer or other properly deputized law enforcement officer authorized to enforce tribal laws can be served in lieu of a summons.