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25 U.S.C. § 2803 — Law enforcement authority

submitted 36 years ago by Pub. L. 101-379 to r/title-25-INDIANS · 522 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give Bureau employees law-enforcement duties and authorize specific powers in Indian country. The powers include carrying firearms, serving process, making specified warrantless arrests, gathering sworn information, buying evidence, and helping other law-enforcement agencies.

The Secretary may assign Bureau employees law-enforcement responsibilities and authorize them to: (1) carry firearms; (2) execute or serve warrants, summonses, and other crime-related orders issued under United States law, including Court of Indian Offenses orders under the Secretary’s regulations and Central Violations Bureau matters, or issued under an Indian tribe’s law if the tribe authorizes it; (3) arrest without a warrant for an offense in Indian country when (A) it occurs in the employee’s presence; (B) it is a felony and the employee has probable cause to believe the person committed or is committing it; (C) it is a misdemeanor domestic-violence, dating-violence, stalking, or protection-order crime involving use or attempted use of physical force or threatened use of a deadly weapon, committed by a current or former spouse, parent, guardian, someone sharing a child with the victim, a current or former cohabiting spouse, parent, or guardian, or someone similarly situated, and the employee has probable cause; or (D) it involves (i) a misdemeanor controlled-substance offense under the Controlled Substances Act, title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or section 865 of title 21; a misdemeanor firearms offense under chapter 44 of title 18; a misdemeanor assault under chapter 7 of title 18; or a misdemeanor liquor-trafficking offense under chapter 59 of title 18, and (ii) the employee has probable cause; (4) offer and pay rewards for services or information, or buy evidence, that helps detect or investigate an Indian-country offense or arrest an offender against the United States; (5) question any person and give or take an oath, affirmation, or affidavit about a matter relevant to enforcing United States law or authorized tribal law in Indian country; (6) wear a required uniform and badge or carry required credentials; (7) perform other law-enforcement duties; and (8) when asked, assist, with or without reimbursement, Federal, tribal, State, or local law-enforcement agencies in enforcing or carrying out the laws or regulations they administer.

the actual law source: uscode.house.gov ↗public domain

The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—

(1)

carry firearms;

(2)

execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—

(A)

the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or

(B)

an Indian tribe if authorized by the Indian tribe;

(3)

make an arrest without a warrant for an offense committed in Indian country if—

(A)

the offense is committed in the presence of the employee,1

(B)

the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;

(C)

the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or

(D)
(i)

the offense involves—

(I)

a misdemeanor controlled substance offense in violation of—

(aa)

the Controlled Substances Act (21 U.S.C. 801 et seq.);

(bb)

title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); 2 or

(II)

a misdemeanor firearms offense in violation of chapter 44 of title 18;

(III)

a misdemeanor assault in violation of chapter 7 of title 18; or

(IV)

a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and

(ii)

the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;

(4)

offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States;

(5)

make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws;

(6)

wear a prescribed uniform and badge or carry prescribed credentials;

(7)

perform any other law enforcement related duty; and

(8)

when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

Source credit: (Pub. L. 101–379, § 4, Aug. 18, 1990, 104 Stat. 475; Pub. L. 109–162, title IX, § 908(b), Jan. 5, 2006, 119 Stat. 3083; Pub. L. 111–211, title II, § 211(c), July 29, 2010, 124 Stat. 2266.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-379 · 104 Stat. 475
  • 2006Amended · Pub. L. 109-162 · 119 Stat. 3083
  • 2010Amended · Pub. L. 111-211 · 124 Stat. 2266

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-379 on 1990-08-18.

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