[Adopted 11-20-1980 by Ord. No. 80-28]
Tribal police officers are to maintain and keep the peace within the exterior boundaries of the Menominee Indian Reservation and to enforce all law and order ordinances adopted by the Tribal Legislature in accordance with the Constitution and Bylaws of the Menominee Nation exercising its rights and authority as a sovereign nation.
The Menominee Tribal Police Department shall be directly responsible to the Tribal Legislature, the governing body of the Menominee Nation pursuant to Article III, Section 1 of the Constitution and Bylaws.
[Amended 1-18-2018 by Ord. No. 17-32]
A. 
The Menominee Tribal Legislature hereby clothes the tribal police officers with tribal authority to enforce all tribal laws, in accordance with any applicable provision within the Constitution and Bylaws of the Menominee Nation.
B. 
Tribal police officers have authority under this section if they have complied with all applicable requirements of the current Bureau of Indian Affairs - OJS Law Enforcement Handbook and any additional requirements from the Tribe.
C. 
"Tribal police officer" shall also mean "law enforcement officer," "community service officer," or "police officer" throughout this code.
D. 
Arrest and detention authority. The arrest and detention authority of the Menominee Tribal police officers includes:
(1) 
A police officer arresting in compliance with an arrest warrant issued by a Menominee Tribal Court Judge or a valid apprehension and detention order issued by the Tribal Probation Department under Article IV, Probation and Parole, of this chapter.
(2) 
A police officer may arrest, without warrant, an offender for any criminal offense committed in his/her presence or within his/her view.
(3) 
A police officer may arrest, without warrant, where the police officer has probable cause to believe that the person to be arrested has committed a criminal offense, although not in the presence of the officer.
(4) 
A police officer may arrest, without warrant, any probationer where the police officer has reason to believe a violation of probation has occurred.
(5) 
A police officer may arrest without warrant for the violation of a traffic regulation if that officer has probable cause to believe that the person is violating or has violated a traffic regulation.
(a) 
The arresting officer shall issue a citation pursuant to Chapter 550 of this Code and release the person, except as described below.
(b) 
The Officer may make a custodial arrest when:
[1] 
The person refuses to sign a written promise to appear; or
[2] 
The person does not have or will not provide valid identification, or the provided identification cannot be verified.
(c) 
The officer shall make a custodial arrest when:
[1] 
The penalty for the traffic violation includes jail time; or
[2] 
The person has outstanding warrants.
(6) 
A police officer may detain a person if the officer has cause to believe that the person meets the civil commitment standards for emergency detention.
(7) 
A police officer may conduct a traffic stop when, under the totality of the circumstances, he or she has grounds to reasonably suspect, or has probable cause, that a crime or traffic violation is being or has been committed.
(a) 
The period of detention for the stop may last no longer than is necessary in order to identify the person believed to have committed the violation, to conduct a reasonable investigation into the circumstance, and to issue a citation.
(b) 
When conducting a traffic stop, an officer is only permitted to investigate the violation that formed the basis for the stop unless the officer develops independent reasonable grounds to continue to detain the person.
(c) 
Officers conducting the traffic stop may use the degree of force reasonably necessary to make the stop and to ensure the safety of the officer, the person stopped or other persons who are present.
(d) 
Officers are not permitted to search without warrant the driver or vehicle for evidence of a traffic violation except for:
[1] 
An officer may seize a plainly visible open container from inside the vehicle during the stop;
[2] 
An officer may frisk for weapons during a traffic stop if he or she develops reasonable suspicion that the subject(s) in the vehicle pose an immediate threat of serious physical harm; or
[3] 
As authorized by Chapter 121 of this Code.
(e) 
The stop may be extended, if, during the course of the stop, the officer develops independent reasonable grounds to detain the person, including plain view and plain smell by the officer.
(f) 
Reasonableness should be determined on the totality of the circumstances that exist at the time and place the officer acts. Reasonable grounds are defined as a quantum of information that is greater than that which would justify a stop, but less than that required for probable cause.
(8) 
After having identified himself or herself as a police officer, a police officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit, or has committed a crime, and may demand the name, address, and status as an Indian of the person and an explanation of the person's conduct. Such detention and temporary questions shall be conducted in the vicinity where the person was stopped.
(a) 
When a law enforcement officer has stopped a person for temporary questions pursuant to this subsection and reasonably suspects that he or she or another is in danger of physical injury, the police officer may search such person for weapons or any instrument or article or substance readily capable of causing a physical injury and of a sort not ordinary carried in public places by law abiding persons. If the police officer finds such a weapon or instrument, or any other property that may constitute a threat to his or her safety, the police officer may take it and keep it until the completion of questioning, at which time the law enforcement officer shall either return it, if lawfully possessed, or arrest the person so questioned.
(b) 
An officer who stops a person on reasonable suspicion may not frisk the person for evidence. When an officer conducts a proper weapons frisk and has probable cause to believe that an object is evidence of a crime, the officer may remove the object; however, the officer may not manipulate or explore the object further if the officer does not immediately recognize that the object is evidence of a crime.
(9) 
A police officer stopping in compliance with an approved impaired-driving checkpoint conducted under a checkpoint plan and guidelines regulating officer discretion. Notice of checkpoint plan and guidelines must be submitted to the Tribal Chairman's office by law enforcement for review. Approval shall be granted by the Tribal Chairman.
(10) 
A police officer arresting in compliance with Article II, Extradition, of this chapter.
(11) 
A police officer may detain occupants during search warrant service if the occupants are in the immediate vicinity of the area described in a valid search warrant.
(12) 
Within the territorial jurisdiction of the Menominee Indian Tribe, a tribal police officer may detain nonindians for delivery to state or federal authorities for prosecution. Such detention shall be no longer than is reasonable for the other jurisdiction to arrive.
(13) 
As authorized by other tribal laws or lawful court orders.
(14) 
A tribal police officer's arrest authority and law enforcement authority may expand beyond territorial jurisdiction of the Menominee Indian Tribe by cooperative agreements with federal, state, county, or city governments if approved by the Menominee Tribal Legislature, or as specifically authorized by federal law.
(15) 
This section repeals the provisional adoption of 25 CFR Part 11, 1979 edition, Section 11.15, Arrests.