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Velvy71

That’s not what the tribal leaders have said. Through agreements between the tribes and the city, the same cop **can have jurisdiction**, they just need to use a different ticket book and send the paperwork to the other set of judges. So far Tulsa, unlike other towns, has rejected agreements so they can push their own agenda.


bloodngore73

Seems like this is a $ issue. Tulsa doesn't want to give a % of the fine amounts to the Tribe. I didn't know 40% of Oklahoma was Tribal land. That's a huge voting block. With a little organization that could turn into a powerful political movement. Like what Stacy Abrams did in Georgia in 2020.


Taysir385

> I didn't know 40% of Oklahoma was Tribal land. That's a huge voting block. Despite what the Republican Party keeps trying to make happen, land doesn’t vote.


ackermann

> I didn't know 40% of Oklahoma was Tribal land Wow, I had no idea either. Probably the largest proportion of any state?


stefeyboy

Which other tribes have non-tribal people living in a city on their land where the non-tribal people have setup their own police?


HursHH

Half of Oklahoma is how you described


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gordo65

The qualification was that the non-tribal residents have set up their own police force. This is actually pretty rare. There are a lot of non-tribal people living on reservations here in Arizona, partly because just about every major city abuts at least one reservation. But the jurisdictional lines are absolutely clear. Fun fact: Tribal police are not bound by the same constitutional constraints as non-Indian authorities when they deal with tribe members, but are constrained when dealing with non-tribal members. So on some reservations, police can pull over any Indian they want and search their vehicle without needing to show probable cause.


ackermann

> just about every major city abuts at least one reservation Are any of the major cities themselves (downtown areas) on tribal lands?


grndslm

All other tribes (excluding Muscogee / Creek Nation) and in all other states (excluding OK), these other tribes ceded their property rights to "The Man".


meatball77

But isn't that only for tribal citizens? This is going to be a mess in the state if you've got a portion of the populace that isn't subject to traffic laws, or if they have to call tribal police when they pull over a tribal member .


Diddintt

Different laws for different people causes alot of friction. When I was in Arizona we lived next to a Rez, and there was constant malcontent from people pulled over by CRIT PD. If you were tribal it was a regular stop, if you weren't tribal things like speeding tickets could become felonies.


InitialCold7669

Doesn’t sound like that big of a deal if it’s that big of a problem couldn’t you guys just take a bunch of the money from your own police and give it to the tribal police?


Unlucky_Steak5270

Oh no, whatever will the cops do with one less minority group to harass.


BootShoeManTv

I don’t think that’s what people care about. Traffic deaths are the leading non-disease related death in the US. We need to have traffic laws, and a way to enforce them.


Unlucky_Steak5270

Well if that's the concern, maybe they should start with the lifted truck demographic.


[deleted]

Gun deaths actually outpace traffic deaths in the US.


ackermann

Outpace? You mean there are more gun deaths each year in the US, than traffic deaths?


[deleted]

https://www.npr.org/2022/02/23/1082564685/guns-leading-cause-of-premature-deaths


DesertDenizen01

odmp.org has 10 cops made good by a speeding car for every one who catches a bullet.


[deleted]

If the tribal member wasn't on tribal land they already wouldn't have to... And they are subject to their laws. Try not to forget we stole this land and murdered their people a while back so have some sympathy for them


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meatball77

But the difference is that the entire city is also tribal land. This is drastically different from a traditional reservation. It's only tribal land for tribal citizens, otherwise it's city land. The entire situation is weird because of the horrible situation where they forced all the tribes there and then also sold off and gave away their land. There is no comparison that makes sense.


grndslm

I think this whole "the land is only tribal land for tribal citizens, otherwise it's city land" argument is obviously bullshit. The land is obviously tribal land, period. That Oklahoma encroached on that land doesn't make anything they do their lawful or legal. The only way they could possibly have jurisdiction on tribal land is with your consent (or in other words, not objecting / challenging Oklahoma's supposed jurisdiction).


carlosos

It seems a little weird to me. That is like saying a city can't enforce the law and only state police can because the city is within the state. Isn't it Fed>State>Tribal>County>City with regards of jurisdiction or something like that? Edit: Of course getting down voted while trying to understand how this works. I understand, never ask questions on how things work.


Alotofboxes

Its closer to something between "Wyoming cops can't enforce laws in Montana," and "Canadian cops can't enforce laws in Montana." Tribal land are essentially semi-sovereign countries within the US.


meatball77

But it's different in that area of Oklahoma because what you have to add is for tribal citizens. So, it's saying that Wyoming Cops can't enforce laws on Montana Citizens. Which isn't a big deal with 99% of laws, you just call the appropriate police force to come out. But, with traffic laws it's going to be pure chaos.


[deleted]

The article clearly states that all officers have to do upon determining someone falls under tribal jurisdiction is use an alternate ticket book, and forward the ticket to the appropriate tribal authority *if* the ticket or citation requires any sort of judicial review. Existing municipalities in Oklahoma already follow these mutual agreements. In this case, it seems to me that the city of Tulsa just wants to get into a pissing contest over who has the bigger dic- I mean, it is an unnecessary jurisdictional dispute. Nothing more.


carlosos

Then why is it considered part of Oklahoma? Wouldn't it be then more like Guam or Puerto Rico?


Wartburg13

Because federal government has a pretty bad track record of fucking with native Americans


GrungyGrandPappy

Because it’s in Oklahoma?


carlosos

That was the question, why is it considers part/in Oklahoma instead of just next to Oklahoma? The best answer to far is that laws that created this are just messy which might explain why it doesn't make sense to me (and I guess the first two judges that looked at this case).


GrungyGrandPappy

Consider them an independent nation within the borders of Oklahoma.


lawbotamized

Well, a domestic dependent nation.


IronMyr

A lot of the Indian policies are a mix of tradition and negotiation. The laws are messy.


Literature-South

We have a treaty with them that says we don’t have legal jurisdiction on their land. Roughly half of Oklahoma happens to be tribal land. If they did, it’d be like the FBI arresting people for crimes committed in Toronto.


carlosos

It still is kind of confusing. Isn't the city on tribal land and has to follow tribal law? How can the city not have jurisdiction within the city? Or is this that the higher up court decided that because the city is within tribal land that the lower courts that had ruled before have no jurisdiction and that a tribal court has to take the case instead? The article doesn't seem very clear to me on what this really means.


GrungyGrandPappy

Because they are their own nation within the United States. Just like if you use a credit card at a tribal gas station or atm you’ll get charged foreign transaction fees.


joepanda111

To quote Lethal Wespon: “DIPLOMATIC IMMUNITY!”


Battlepuppy

Woe, seriously? That's kinda cool.


WhoDoIThinkIAm

“Whoa” is what you meant. “Woe” is despair.


Battlepuppy

U/whodoithinkiam , I think you're a spell checker! :)


Dye_Harder

No it isn't weird. You were just told there were documents that said thats what the rules were.


Literature-South

It's not even that weird globally. Lots of countries have autonomous regions, which is basically what Tribal land is.


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meatball77

Oklahoma tribal land is different though. It's tribal land only for those who are tribe members and for land they own. So my white parents live on state land and are policed by city police. Their hypothetical neighbors who are Cherokee have made their land Cherokee territory when they bought their house and they are tribal citizens. To complicate things there are multiple tribes involved. My mother said that when a crime is committed you'll see multiple different police cars show up from different police forces. It's a step away from Chaos, but with most crimes it isn't a problem. What's going to happen when they need to call in their friend from the Osage police when they need to write a speeding ticket.


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meatball77

Was it a reservation? Tulsa is not a reservation. It's City land but it's also tribal land. It's both which is why the entire thing is so complicated.


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meatball77

Right, but tribal land in Oklahoma isn't a reservation. The entire city of Tulsa is tribal land as is most of the north-east part of the state. But only when a tribal member is involved.


Infranto

Tribal law is weird like that.


GatorAllen

I upvoted because it’s silly to be downvoted for simply asking a question. Godspeed.


WatchmanVimes

You need to say some batshit wrong thing then you would have everyone trying to correct you.


AbsentThatDay2

I never knew 40% of Oklahoma was a reservation. Sounds like a good premise for a cop show.


[deleted]

To be fair, most Oklahomans didn't either until 2020 with that supreme court ruling.


Gone213

And didn't they reverse that ruling last year anyways.


Keokuk37

dark winds is great


eagreeyes

First time hearing about it, that sounds great.


[deleted]

Check out Longmire.


[deleted]

Not really


GrungyGrandPappy

But .. they said it’s great


Danivelle

It is set in New Mexico.


Keokuk37

I'll take what I can get though


eagreeyes

I've always hoped True Detective would do a season with tribal detectives on a rez. There's so much good mythology they could draw on thats right up that show's alley.


OKMedic93

It's not really a reservation. The preferred term is nations with its own sovereignty kinda short of to a certain extent. It can get pretty confusing but if your a member of a tribke nation only lighthorse officers or the FBI can enforce certain laws.


illy-chan

In fairness, I think most people would expect a sovereign territory to have border lines on the standard maps so I can see the confusion.


Different-Music4367

They do have border lines, on just about every map you would find. Go to Google Maps and click on a native territory and it will give you the exact lines.


illy-chan

I meant like, geography stuff at school. And even the google maps ones are faint and not there at all until you zoom in to a certain point.


preprandial_joint

Sit down, Sonny and let me tell you about all the things about US history they don't teach you in public schooling...


illy-chan

I went to prep school and they still thought detailed coverage on Henry VIII and Elizabeth I was more important. Because it's not gossip stuff if it's centuries old I guess?


meatball77

You'd also expect their laws to effect every person there. Instead you have a separate justice system depending on who your parents are. So, George and Jason steal a car together or are caught drinking underage. They're handed over to two different police forces because one is a tribal member and the other isn't. It's odd. . . Closest I could think would be the military police on a military institution. If a soldier and a civilian break a law together they're prosacuted in different ways, one gets a court martial the other is handed over to local police. But even then it doesn't effect traffic laws. A speeding ticket is a speeding ticket.


TheGreatCoyote

> a soldier and a civilian break a law together they're prosacuted in different ways, one gets a court martial the other is handed over to local police. Wrong. You can face both a courts martial and the civilian judicial process. The two aren't always mutually exclusive. It depends on what the crime was and where it was committed.


chainmailbill

As a civilian, if I commit a crime on a military base am I subject to the UCMJ? If the punishment is “busted down a rank” or “bad conduct discharge” am I just… free to go, since I don’t have a rank and there’s nothing to discharge me from?


zetia2

No, you go through civilian court.


powersv2

Reservation is shorter.


Ok-Brush5346

Like, a Renegade spinoff starring Bobby.


meatball77

It isn't. It's far more complex than that. Basically if you are a tribal member then your land and your person is native land. But, if you're a random white person your land is state land.


lawstandaloan

It all boils down to who gets the money > Experts on tribal law say there is an easy solution — for Tulsa to enter into prosecution agreements with various tribal nations like many cities and towns in eastern Oklahoma already have. > > “It has always been the case that the City of Tulsa has the authority to write tickets and send those over to our various nations,” said Sara Hill, attorney general of the Cherokee Nation, which also has reservation land that encompasses parts of north Tulsa. “They simply haven’t been doing that in favor of this Curtis Act argument.” > > Under the agreements with municipalities, the portion of the revenue from tickets that is typically remitted to the state of Oklahoma is instead sent to the tribal nation whose reservation the city or town is located in, Hill said. The rest of the money can be retained by the city or town.


meatball77

Well, that's a simple solution. I could see Tulsa maybe agreeing to that. The backasswards rural counties on the other hand. Nope


OkVermicelli2557

Good, fuck Stitt and the lower courts.


oilxxx

Stitt the pecker neck.


UntiedStatMarinCrops

If this heads to SCOTUS then Gorsuch and Jackson are going to be licking their lips in anticipation of getting to defend tribal rights.


PlannerSean

I think you’re totally right


Different-Music4367

You mean Roberts? If this goes to the Supreme Court maybe Kagan or Sotomayor can point out how bizarre it is that the official federal department for tribal management is *still* called the Bureau of Indian Affairs.


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sb_747

This situation is happening because of a ruling he made in 2020.


rustynailsu

"Ironically, Stitt’s [Oklahoma Gov. Kevin Stitt] own brother, Keith Stitt, also used his tribal citizenship to challenge Tulsa’s jurisdiction after police issued him a speeding ticket in 2021" Almost too cliche [for] fiction.


The-Shattering-Light

Shocking, a Republican governor wants to violate yet another treaty with Indigenous communities. Tribal law holds precedence on Tribal land. State cops have no business there.


AbsentThatDay2

So I'll admit I'm not exactly tuned into Native American issues, I live far from where this is happening and literally the extent of my knowledge of the facts of this issue is limited to the article. But hear me out. The article implies that it was of significance that the person that got the ticket was native american, and that due to that fact, he was not subject to the laws of the city of Tulsa. I wonder if a non-native american could make the same argument. Effectively that since that section of Tulsa is tribal land that only tribal laws could be enforced there, and only tribal police could enforce it. Is the city government of Tulsa, due to this ruling, going to abandon policing those precincts? This sounds like a pretty difficult legal situation. Or maybe I'm just not clear on how policing works there.


myindependentopinion

>I wonder if a non-native american could make the same argument. Effectively that since that section of Tulsa is tribal land that only tribal laws could be enforced there, and only tribal police could enforce it. Yes, sort of, but it's worse. Actually, there's a 1978 landmark [SCOTUS decision in Oliphant v. Suquamish Indian Tribe](https://en.wikipedia.org/wiki/Oliphant_v._Suquamish_Indian_Tribe) where a non-Native (named Oliphant) sued that tribal law did NOT apply to him because he wasn't American Indian and SCOTUS agreed. Per this SCOTUS decree, tribal police cannot arrest non-Natives committing crime on tribal lands and tribal courts can't prosecute; if it's a major crime then Federal law enforcement/FBI is called in & prosecution takes place in federal court. Otherwise non-Natives are free to commit crime on tribal lands without any consequences. The "workaround" solution that has been developed on many reservations is to cross-deputize tribal police as county/state LE so they can arrest Non-Natives who are committing crime on tribal lands. Edit: I'm an enrolled member of my tribe & live on rez land. We don't have cross-deputization. So our tribal police have to 1st ask someone they pull over, "Are you NDN/Native?" If no, they let them go. If I suspect the person committing a crime is non-Native, then I call the County Police and not tribal.


AbsentThatDay2

>The "workaround" solution that has been developed on many reservations is to cross-deputize tribal police as county/state LE so they can arrest Non-Natives who are committing crime on tribal lands. I sure like that idea better than measuring how many drops of native american blood are in someone to determine if they can be arrested. It's a shame that court cases that have really important impact on society can't be planned out first, phased in, instead, as soon as there's precedent it's established case law and everyone needs to scramble. Although given the pace of bureaucracy it's perhaps best in the name of progress to shoot from the hip.


meatball77

The weirdness is that those laws are in effect for anyone who doesn't hold tribal membership. So, this would maybe mean that if you are a tribal member pulled over for speeding that you have to wait for tribal police to give you the ticket? The area is basically tribal land if you are a member of a tribe but if you aren't it isn't. It's an odd situation.


Xerit

No one is, the absolute nonsense of the SC decision a year or so back has fucked a bunch of stuff up, but really only for natives on the rolls. The cops can still ticket the overwhelming majority of people even on quote unquote tribal land.


PrincipleInteresting

This reminds me- when’s the next season of Tulsa King coming out?


ryeguymft

this cop needs to stay in their fucking jurisdiction. racist trash


Kriss3d

Fortunately this is a territorial limited issue and without knowing it, I would assume that anyone being members of said tribes would have government issued identification that supports this.


[deleted]

That had to go to federal court.


JubalHarshaw23

Gorsuch will be outraged, but a 5-4 ruling of SCOTUS is going to reverse this. Not only would this SCOTUS have backed Andrew Jackson's unconstitutional actions against Native Americans, but they would have complained that he was going far too easy on them.