[Vision2020] Reverse Racism?

[bear at moscow.com]

Chuck.

I've read the State Supreme Court ruling on this, which makes it clear
that the Trooper could, as he did arrest Barros for the DUI, which he
subsequently plead guilty to, only arguing that the Trooper had no
jurisdiction, not that he wasn't driving drunk.  by the way, what was his
BAC?

Then you stated:  "Yep - cowboys can chase Indians right up to and into their
home."  And the case makes it clear that the Trooper  was invited inside,
not that he burst in without a warrant. He had a right to be in that
trailer because of the invitation.

Given the same set of facts, other than the trailer being on Indian land,
wouldn't the Trooper have the same right of arrest of anyone else in
Idaho?  I think what was being argued was that because the trailer was
located on the reservation, it was a home base that would give sanctuary
to Barros until a Tribal Warrant could be obtained, yes? Just how fast
could that warrant have been obtained?  Lets say it would have taken 6
hours. What do you think would have happened to Barros  BAC level?  Or the
answer to the obvious question that would be asked, "Mr. Barros, have you
had a drink within the last six hours while you were home?". A "yes"
answer would toss the BAC that could be obtained with the lately obtained 
Tribal Warrant.


Comments?
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> 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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