A. 
An "arrest" is the taking of a person into police custody.
B. 
A tribal law enforcement officer, or other law enforcement officer deputized by the Tribe to enforce tribal law, can arrest or apprehend any person for an alleged criminal offense under the following circumstances:
(1) 
For felony offenses:
(a) 
The offense is considered a felony under tribal law and the officer has a valid warrant for the person's arrest;
(b) 
The offense is a felony under tribal law and is committed in the officer's presence;
(c) 
The offense is a felony under tribal law and the officer has probable cause to believe the person committed the offense.
(2) 
For misdemeanor offenses:
(a) 
The offense is a misdemeanor under tribal law and the officer has a valid arrest warrant for the person's arrest;
(b) 
The offense is a misdemeanor under tribal law and is committed in the officer's presence;
(c) 
When tribal law requires arrest (e.g., the offense is a domestic violence offense).
C. 
When arresting a person without a warrant, the law enforcement officer making the arrest must inform the person arrested of the charge that is the basis of the arrest, except if the person flees or forcibly resists arrest before the law enforcement officer has time to inform the subject of the law enforcement officer's authority.
D. 
Once the person is lodged, the officer will promptly notify the Tribal Court Administrator and the Tribal Prosecutor that the arrest has taken place. The Tribal Court Administrator will then notify the Tribal Court Judge.
E. 
The arraignment will take place according to the procedures in Article IV of this chapter.
A. 
The Tribal Court has the authority to issue arrest warrants.
B. 
The Tribal Court Judge will make a probable cause determination before signing an arrest warrant only after the following occur:
(1) 
The law enforcement officer requesting the arrest warrant was placed under oath by the Judge; and
(2) 
Sworn testimony was given to establish probable cause that the defendant committed an offense against tribal law.
C. 
The arrest warrant must contain the:
(1) 
Court name and address;
(2) 
Name of the person to be arrested (if name unknown, a physical description must be provided);
(a) 
Tribal affiliation;
(b) 
Description of defendant and date of birth of defendant;
(3) 
Address of the person to be arrested, if known;
(4) 
Description of the offense charged, including the citation of the Tribal Code that has allegedly been violated; and
(5) 
Signature of the Tribal Court Judge.
Upon arrest, prior to being interviewed, the person must be immediately advised of the following:
A. 
The right to remain silent;
B. 
Any statements made by the person may be used against the person in a court of law; and
C. 
The right to obtain counsel at the person's own expense.
A. 
Upon the filing of the complaint, the Prosecutor must inform the Tribal Court whether an arrest warrant is sought.
B. 
Tribal Court may, in lieu of an arrest warrant, issue a summons commanding the defendant to appear before the Tribal Court for arraignment.
C. 
The summons, together with a copy of the complaint, will be served upon the defendant by delivering a copy to the defendant personally or by leaving a copy at his/her usual residence or place of business with a person of suitable age and discretion who also resides or works there. Service will be made by an authorized law enforcement officer, who will make a return of service which will be filed with the records of the case.
D. 
The summons must state that if a defendant fails to appear in response to the summons, a warrant for his/her arrest will be issued.