[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007; and amended by Tribal Council motion at a Tribal Council Special Session on October 31, 2018.]
(a) 
A law enforcement officer need not obtain a search warrant to enter a residence where he or she has probable cause to believe a crime of domestic violence is occurring, or has just occurred and that the perpetrator is still in the residence.
(b) 
When law enforcement responds to 911 or another emergency phone call or to any credible report alleging that domestic violence may be taking place in a residence, the officer may enter the home without a warrant if the officer reasonably believes entering the home is necessary to assure the safety of any potential victim of domestic violence.
[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.]
(a) 
Law enforcement officers shall seize all weapons that are alleged to have been involved or were threatened to be used in a domestic violence crime and any weapon in the vicinity of the alleged commission of the offense.
(b) 
A law enforcement officer may seize a weapon that is in plain view of the officer or was discovered pursuant to a lawful search as necessary for the protection of the officer or other persons.
(c) 
Law enforcement officers are authorized to confiscate weapons and/or firearms from, or accept and hold weapons and/or firearms for, a person who is prohibited from possessing or using them.
[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007; and amended by Tribal Council motion at a Tribal Council Special Session on October 31, 2018.]
(a) 
A law enforcement officer who has probable cause to believe that a person has committed a domestic violence crime within the past four hours shall, without a warrant, arrest the alleged perpetrator. A law enforcement officer shall arrest an alleged perpetrator of domestic violence whether or not the victim signs a complaint and whether or not the arrest is against the express wishes of the victim.
(b) 
A person arrested for a domestic violence crime shall not be released from detention until 72 hours after arrest unless a court hearing is held prior to the expiration of the seventy-two-hour period.
(c) 
Law enforcement officers shall follow all jurisdictional guidelines when dealing with a domestic violence situation. If jurisdiction precludes arrest, the appropriate authority will be notified immediately of the situation.
(d) 
The officer shall not make dual arrests unless probable cause determines both parties were assaulting each other equally or a determination cannot be made as to who was the primary assaulting party.
(e) 
The officer shall not subject a victim to a lie-detector test.
[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.]
(a) 
When a law enforcement officer has probable cause to believe that a respondent has violated one of the following orders of the Tribal court or of any other court order entitled to full faith and credit of this code, the officer shall, without a warrant, arrest the alleged violator. Arrest shall be mandatory where the violation is of one of the following:
(1) 
An order not to commit or threaten to commit further acts of domestic violence;
(2) 
An order not to contract, harass, annoy, telephone, or otherwise communicate, directly or indirectly, with the alleged victim, the alleged victim's family or household members, or any witness to the alleged act of domestic violence;
(3) 
An order to vacate, or stay away from the victim's residence;
(4) 
An order to stay away from any well-defined geographic area, including, but not limited to, a residence, workplace, school or daycare of the alleged victim, the alleged victim's family or household members, or any witness to the alleged act of domestic violence.
(5) 
An order prohibiting the possession or use of any firearm or other weapon specified by the court, and to turn such weapon over to law enforcement for safekeeping.
(b) 
A person arrested for violation of a protection order shall not be released from detention until 72 hours after arrest unless a court hearing is held prior to expiration of the seventy-two-hour period.
[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.]
(a) 
If a law enforcement officer receives a complaint alleging domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was more likely to have been the primary aggressor. If the law enforcement officer determines that one person was the primary aggressor, the officer need not arrest the other person alleged to have committed a domestic violence crime. In determining whether one party was the primary aggressor, the office shall consider:
(1) 
The history of domestic violence, both documented prior complaints and convictions and the officer's own prior knowledge of the family.
(2) 
The comparative demeanor of the parties involved and the relative severity of the injuries inflicted on each person.
(3) 
The likelihood of future injury to each person.
(4) 
Whether one person acted in self-defense or in defense of others.
(5) 
The degree to which one of the persons has acted with a more deliberate intent to control, isolate, intimidate, emotionally demean, cause injury or pain or fear of harm to the person or third party.
[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.]
(a) 
Upon the escape from custody of a person arrested for, charged with, or convicted of a criminal offense under this code, law enforcement shall make reasonable efforts to immediately notify the victim of the crime, the victim's advocate, the court and the prosecutor.
(b) 
When a person who was convicted of a criminal offense under this code is scheduled to be released from custody, law enforcement shall make reasonable efforts to notify the victim and/or victim's advocate prior to, or upon release of, the person from custody.
(c) 
If a person who was convicted of a criminal offense under this code is scheduled for early release, law enforcement shall make reasonable efforts to notify the victim of the crime, the victim's advocate, the court and the prosecutor prior to such release.
[History: Enacted by Tribal Council motion at a Tribal Council Special Session on October 31, 2018.[1]]
In all cases of domestic violence, the officer involved in responding to or investigating the incident shall make a written report, and the number of such cases shall be tabulated. The Public Safety Department shall produce an annual report setting out the numbers of reports of domestic violence, investigations, and arrests. The report and related statistics shall be made available to appropriate agencies and to the public.
[1]
Editor's Note: This motion also provided for the renumbering of former §§ 329 through 358 as §§ 330 through 359, respectively.