(a) When otherwise authorized to arrest a suspect, a law enforcement officer or a magistrate may, in lieu of a warrant, issue a summons commanding the accused to appear before the Court of Indian Offenses at a stated time and place and answer to the charge.
(b) The summons shall contain the same information as a warrant, except that it may be signed by a police officer.
(c) The summons shall state that if a defendant fails to appear in response to a summons, a warrant for his or her arrest shall be issued.
(d) The summons, together with a copy of the complaint, shall be served upon the defendant by delivering a copy to the defendant personally or by leaving a copy at his or her usual residence or place of business with any person 18 years of age or older who also resides or works there. Service shall be made by an authorized law enforcement officer, who shall file with the record of the case a form indicating when the summons was served.
Notes of Decisions
Hebah v. United States, 197 Ct. Cl. 729 (Ct. Cl. 1972).
· cites it 2× “[25 CFR 11.304.] # * * * * 13. Because of Indian preference, the Superintendent of the Wind River Reservation feels obligated to hire and favor a qualified Indian, if one is available, over a more qualified non-Indian.”
Jose Luiz Ortiz-Barraza v. United States, 512 F.2d 1176 (9th Cir. 1975).
“We find that the actions of the Papago Council, taken together with the Papago Constitution and the applicable law previously discussed, clearly establish the authority of a tribal police officer, like Officer Antone, to investigate any on-reservation violations of state and…”
United States v. James F. Smith, 562 F.2d 453 (7th Cir. 1977).
“25 C.F.R. § 11.304 (1976), in pertinent part, provides: (a) The superintendent of any Indian reservation may, with the approval of the Commissioner of Indian Affairs, employ and appoint Indians as Indian police .”
— 25 C.F.R. § 11.304(10) — 1 case
Hebah v. United States, 197 Ct. Cl. 729 (Ct. Cl. 1972).
“[25 CFR 11.304.] # * * * * 13. Because of Indian preference, the Superintendent of the Wind River Reservation feels obligated to hire and favor a qualified Indian, if one is available, over a more qualified non-Indian.”
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