<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.2900.3527" name=GENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=#ffffff>
<DIV><FONT face=Arial size=2>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</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2> Here is a short (long) synopsis:</FONT></DIV>
<DIV><FONT face=Arial size=2> <SPAN class=DocumentBody
id=mDocumentText_ctl00_mTextDisplay></DIV>
<DIV style="TEXT-INDENT: 20px">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 <A
href="http://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW9.05&ifm=NotSet&fn=_top&sv=Split&tc=-1&docname=IDSTS18-8004&ordoc=1998081600&findtype=L&mt=Idaho&db=1000007&utid=1&vr=2.0&rp=%2ffind%2fdefault.wl&pbc=417E6608"
target=_top>I.C. § 18-8004</A>.</DIV>
<DIV><BR></DIV>
<DIV style="TEXT-INDENT: 20px"><A name=sp_999_1></A><A name=SDU_1></A>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 <A
href="http://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW9.05&ifm=NotSet&fn=_top&sv=Split&tc=-1&docname=IDRRCRPR11&ordoc=1998081600&findtype=L&mt=Idaho&db=1006353&utid=1&vr=2.0&rp=%2ffind%2fdefault.wl&pbc=417E6608"
target=_top>I.C.R. 11(a)(2)</A>. 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.</DIV>
<DIV style="TEXT-INDENT: 20px"> </DIV>
<DIV style="TEXT-INDENT: 20px"> </DIV></SPAN></FONT></BODY></HTML>