Warrants shall be served only by authorized law enforcement
officers. The executing officer shall return the warrant to the Tribal
Court within the time limit shown on the face of the warrant, which
in no case shall be longer than ten (10) days from the date of issuance.
Warrants not returned within such time limits shall be void.
No law enforcement officer shall conduct any search without
a valid warrant except:
A. When he is making a lawful arrest; or
B. With the voluntary consent of the person being searched or the person
entitled to possession of property being searched; or
C. When the search is of a moving vehicle and the officer has probable
cause to believe that it contains contraband, stolen property, or
property otherwise unlawfully possessed; or
D. When the search is of a person and the officer has probable cause
to believe the person to be searched is armed and dangerous; or
E. When the search involves evidence which is objectively incriminating
in character and is in plain view of a law enforcement officer from
a location where the officer has a legal right to be at that specific
time; or
F. When the search involves entry into a residence, or other location
normally not open to the public, when one or more of the following
circumstances are present:
(1) The officer enters the premises while continuing the hot pursuit
of a suspect the officer has reason to believe committed a felony
or who has escaped from the custody of law enforcement officers; and/or
(2) The officer enters the premises based upon a reasonable belief that
entry is necessary to rescue a person in imminent threat of death
or serious injury.
The Tribal Court may prohibit the introduction or use at trial
of any evidence seized in a search conducted in violation of § 8.8.-9.
[Added 3-17-2016 by Res.
No. 03-17-16-05]
A. Warrant. On motion of the prosecuting attorney or the defendant,
the Court may issue a warrant, subject to reasonable bail, for the
arrest of a material witness. The warrant shall issue only on a showing,
by affidavit or on the record in open Court, that the testimony of
the witness is material and that:
(1)
The witness has refused to submit to a deposition ordered by
the Court; or
(2)
The witness has refused to obey a lawfully issued subpoena;
or
(3)
It may become impracticable to secure the presence of the witness
by subpoena. Unless otherwise ordered by the Court, the warrant shall
be executed and returned in the same manner as an arrest warrant.
B. Hearing. After the arrest of the witness, the Court shall hold a
hearing no later than the next calendar day in which the Court is
open. The witness shall be entitled to be represented by counsel at
his or her own expense or as appointed at the discretion of the Court.
C. Release/detention. Upon a determination that the testimony of the witness is material and that one of the conditions set forth in §
8.8-11.1A exists, the Court shall set conditions for release of the witness. Release of a material witness may be delayed for a reasonable time until the testimony or deposition of the witness can be taken.