[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-19-2015 by Ord. No. 14-38]
Section 2(d) of Article IX states that "The Menominee Indian
Tribe and its officers and agencies in exercising the powers of self-government
over persons subject to tribal jurisdiction shall not. . .permit searches
and seizures unless a Tribal Court issues a warrant upon a sworn statement
presented to the Tribal Court showing reasonable grounds to believe
that an offense against tribal law has been committed and that the
person or place to be searched holds evidence of the offense or that
the persons to be seized committed the offense; or that the thing
to be seized is evidence of the offense, and describing specifically
the person or place to be searched or the person or thing to be seized;
provided that, searches and seizures may be permitted without a warrant
where justified by compelling circumstances as shall be defined by
ordinance."
The Constitution and Bylaws of the Menominee Indian Tribe of
Wisconsin protect persons from unreasonable searches and seizures
of their person and property, and the Bill of Rights protects persons
from unreasonable searches and seizures of their persons, houses,
papers and effects. The Constitution also permits searches and seizures
without a warrant where justified by compelling circumstances. The
purpose of this article is to define the compelling circumstances
under which searches and seizures without a warrant are justified
and permitted.
Searches and seizures may be permitted without a warrant where
justified by compelling circumstances as listed below:
A.
Search incident to lawful arrest;
C.
Pursuant to exigent circumstances. "Exigent circumstances" means
for the protection of life or from serious harm, hot pursuit, or preventing
the destruction of evidence.
(1)
Protection of life or from serious harm requires that law enforcement
officers reasonably believe that an occupant of a home is seriously
injured or imminently threatened with injury or harm and that aid
is necessary. This exception includes a "Terry Search," which is a
limited, protective search allowed if the officer has an articulable
and reasonable suspicion that the suspect is, has, or is about to
commit a crime or is armed and dangerous. This exception permits law
enforcement officers to conduct a protective sweep, the scope of which
must be related to an articulable reason related to the safety of
the community, suspect, and officers. The protective sweep shall be
limited to a brief inspection for a hiding person in areas that a
person could actually be hiding.
(2)
Hot pursuit requires law enforcement officers to act without unnecessary
delay, in a continuous and uninterrupted manner, and close in time
to the commission of offense, commencement of pursuit, and/or the
apprehension of suspect.
(3)
Preventing the destruction of evidence requires that law enforcement
officers believe that contraband, fruits of a crime, or other items
illegally possessed will be destroyed or removed before officers can
secure a search warrant.
D.
E.
Pursuant to valid inventory search of person and/or property for
the purpose of finding, listing, and securing from loss during detention
property belonging to detained person. Law enforcement officers must
conduct inventory searches based upon standard policies and procedure
of their department that have been approved by the Legislature.
F.
Pursuant to a lawful administrative search for protection of health
and safety. A lawful administrative search must be:
G.
When authorized by other applicable Menominee tribal law.
