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:
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.