SUQUAMISH — On the Port Madison Indian Reservation, which has Native and non-Native American residents, the issue of law enforcement jurisdiction is often a challenge.

According to the U.S. Supreme Court, Tribal police only have jurisdiction over Native Americans, even on reservations. So, if a Suquamish Police officer detains a suspect who is not Native American, the officer has to wait until state police or sheriff’s deputies arrive to take over. For a 911 call from the reservation, CenCom customarily dispatches Suquamish Police and a Kitsap County Sheriff’s deputy, who determine at the scene who has jurisdiction.

This is also a challenge for Kitsap County Sheriff’s officers; there are only two assigned to North Kitsap.

Policing may soon become easier.

The Suquamish Tribe and Kitsap County have worked out a memorandum of understanding, to be voted on by the Tribal Council and the County Commission, that would empower Suquamish Police to enforce state law over non-Native American suspects.

The authority to do so actually comes from the state, by way of legislation that was developed by Suquamish Police Chief Mike Lasnier, who is not Native American (the legislation requires Tribal police officers meet the same training standards as state and local police). What the agreement between the Tribe and the county does is spell out the rules for exercising that authority in Kitsap County.

“What we didn’t want is conflict on the side of the road — two officers arguing over who’s going to take a piece of evidence, who’s going to do what, when,” Lasnier said. “The agreement gives clear guidance to those on the street. It’s predetermined.”

In a nutshell, Kitsap County will have what Lasnier calls “first right of refusal.” CenCom will dispatch Suquamish Police to a call on the reservation. If the suspect is not Native American, Suquamish will contact Kitsap County Sheriff and ask if they want to take it or let Suquamish handle it. Suquamish will have authority to detain, arrest, and transfer to Kitsap County Jail. Ditto for calls on state roads and highways.

“At this point, if we pull over a DUI suspect, that officer has to sit there and wait” for a state patrol or sheriff’s officer to arrive, Lasnier said. If that officer is at the scene of another call, the wait can be an hour.

Suquamish Police having authority to enforce state law is expected to relieve officers from other departments who might be at the scene of other cases.

“Now, you have two cops [at the scene]. If we have state authority, we could offer it up to the county or take [the suspect] into custody. It’s not taking a second cop off the street. It’s smarter police work.”

Kitsap County Commissioner Rob Gelder said the ultimate goal of the memorandum is efficiency.

“It should do a lot of work to make things a lot easier and more coordinated,” Gelder said.

He hasn’t seen a draft of the memorandum as it is still in the hands of Suquamish Tribe officials, he said. Once the Tribe and Sheriff’s Office agree to the draft, it will be brought before the Board of County Commissioners for a vote, he said.

What is ‘Indian Country’?
Indian Country is defined in 18 U.S. Code 1151 as “(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.”

Who has authority?
Native American governments, also known as Native Nations or Tribes, have authority over all Native Americans within Indian Country. In Washington, most Native Nations have their own police departments and courts that enforce their laws, including, but not limited to, felony-level offenses, misdemeanors, infractions, hunting and fishing offenses, traffic offenses, child dependencies, guardianships, adoptions, civil suits, gaming issues, and employment issues.

Correctional facilities are operated by the Chehalis Tribe, Colville Tribe, Makah Nation, Nisqually Tribe, Puyallup Tribe, Quinault Nation, Spokane Tribe or Yakama Nation.

What do courts say?
In 1973, Mark David Oliphant, a non-Indian living on the Port Madison Indian Reservation, was arrested and charged by Suquamish Police with assaulting a Suquamish Police officer and resisting arrest.

Oliphant challenged in court, claiming he was not subject to Suquamish Tribe authority because he was not a Native American. His claim was rejected by lower courts. But in 1978, the U.S. Supreme Court ruled 6-2 in his favor, holding that Tribes, as domestic dependent nations, “do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress.”

In 2013, the Congress extended criminal jurisdiction to Tribes over non-Indians suspected of committing domestic violence.

What training do Tribal officers have?
Tribal police officers may receive training at the U.S. Bureau of Indian Affairs Police Academy, at a state law enforcement academy, or at a federal law enforcement academy.

A Tribal police officer can become certified by the state by graduating from the Basic Law Enforcement Equivalency Academy, an 80-hour course completed over a two-week period at the Burien campus of the Washington State Criminal Justice Training Commission.

— Pete O’Cain of the North Kitsap Herald contributed to this report.