25 C.F.R. § 11.301
Arrests
(a) Arrest is the taking of a person into police custody in order that he or she may be held to answer for a criminal offense.
(b) No law enforcement officer shall arrest any person for a criminal offense except when:
(1) The officer shall have a warrant signed by a magistrate commanding the arrest of such person, or the officer knows for a certainty that such a warrant has been issued; or
(2) The offense shall occur in the presence of the arresting officer; or
(3) The officer shall have probable cause to believe that the person arrested has committed an offense.
Notes of Decisions
Cited in 2
cases, 1975–2015 · leading case: Sorace Ex Rel. Est. of Sorace v. United States, 788 F.3d 758 (8th Cir. 2015).
Sorace Ex Rel. Est. of Sorace v. United States, 788 F.3d 758 (8th Cir. 2015). “25 C.F.R. § 11.301 (b)(3) gives law enforcement the right to arrest a person if the officer has probable cause to believe that the person committed an offense.”
Jose Luiz Ortiz-Barraza v. United States, 512 F.2d 1176 (9th Cir. 1975). “29 , 43; 25 C.F.R. §§ 11.301 et seq. (1974). Thus, as a general proposition, we have little difficulty in concluding that an Indian tribe may employ police officers to aid in the enforcement of tribal law and in the exercise of tribal power.”
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