Legal Question in Native American Law in New Mexico

What statue describes that a Native American cannot be arrested on reservation land?

Asked on 4/09/10, 4:29 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

NA's are subject to tribal and federal law just like anyone else. There is no statute that says a NA cannot be arrested on res land. The opposite is true if an NA violates tribal or federal law. State authorities cannot arrest on res land because of self-governance and tribal sovereignty, but may do so with tribal or federal permissions.

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Answered on 4/15/10, 7:58 am


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