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TRIBAL NEWS -
http://www.gazettetimes.com/news/state-and-regional/article_0d7cd9d9-32cf-5dbf-ad70-b85a896eb4af.html
Posted: Thursday, February 18, 2010 4:02 pm
American Indian tribal officer may not be an Oregon police officer, at least the way state law defines the role.
The Oregon Court of Appeals has thrown out convictions for attempting to elude an officer and resisting arrest by a Jefferson County man in 2005 after he was stopped by an officer for the Confederated Tribes of Warm Springs.
Thomas Kurtz had argued that tribal Officer Joseph Davino lacked authority because tribal police are not included in Oregon law and the arrest occurred off the reservation.
The Court of Appeals agreed with Kurtz and reversed a Jefferson County trial judge who had refused to dismiss the charges against him.
The court said the tribal officer in this case was not an agent of any Oregon governmental agency and therefore was not a "police officer" as defined by state law.