[Vision2020] Reverse Racism?

[Chuck Kovis]

Gary, glad you asked me.  Look up the case of State vs. Barros.  I argued that case in front of the Supreme Court and lost.  The jurisdiction comes from Idaho Code 67-5101 where it states that the State has jurisdiction of the "operation and management of motor vehicles upon highways and roads maintained by the county or state, or political subdivisions thereof."  I argued Barros because he wasn't detained or arrested on the highway - he was in bed.  Yep - cowboys can chase Indians right up to and into their home. I still feel that the trooper needed to obtain an arrest warrant from the Tribal Judge.  But, like many ideas I hold, not very many people agree with me.  Chuck Kovis

 Here is a short (long) synopsis:
 
On the morning of April 27, 1995, Nez Perce County dispatch received several telephone calls about a suspected intoxicated driver in a blue Toyota Tercel, license number N32592, in the vicinity of Highway 95 and Webb Road. Officer Weadick of the Idaho State Police was dispatched to locate the driver. While Officer Weadick was en route, he was informed by dispatch that the blue Toyota was traveling down Webb Road and being followed by some private citizens (citizens). After turning onto Webb Road, Officer Weadick saw several citizens standing at the entrance to a driveway. The citizens told Officer Weadick that the blue Toyota in the driveway was the car they had reported and that the driver, who they described, had gone into the mobile home next to the driveway. The mobile home was located within the Nez Perce Reservation and on Nez Perce tribal trust property. Appellant Barros lived in the mobile home along with his grandmother. Both Barros and his grandmother are enrolled members of the Nez Perce Tribe. Officer Weadick knocked on the door of the mobile home. The door was answered by Barros' grandmother who invited Officer Weadick inside. The Officer went to a rear bedroom where he found Barros asleep. Officer Weadick woke Barros and observed that Barros' pants were soaked with urine, his breath had an odor of alcohol, his eyes were red and bloodshot, his speech was slow and slurred, and he had trouble maintaining his balance. Officer Weadick escorted Barros out of the mobile home to the driveway where he was identified by the citizens as the driver of the Toyota. Barros refused to take a field sobriety test when requested by Officer Weadick. Officer Weadick then arrested Barros for driving under the influence of alcohol (DUI) in violation of I.C. § 18-8004.


Barros pled not guilty to the DUI charge in magistrate court. Barros then filed a motion to dismiss and/or suppress alleging that Officer Weadick was without authority to arrest Barros on tribal trust property. After a hearing, the magistrate court in a written order denied the motion solely on the basis that Officer Weadick had the authority to make the arrest. Barros then entered into a conditional plea agreement under I.C.R. 11(a)(2). Under the plea agreement, Barros pled guilty to misdemeanor DUI and preserved his right to appeal the magistrate court's denial of his motion to dismiss and/or suppress. Barros appealed to the district court which, after a hearing, affirmed the magistrate court's ruling. Barros timely filed an appeal with this Court.

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