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FOURNIER v. ROED

Cr. 367.

161 N.W.2d 458 (1968)

George FOURNIER, Petitioner, v. Bert ROED, Ramsey County Sheriff, and Neil Thompson, Ramsey County State's Attorney, Respondents.

Supreme Court of North Dakota.

September 24, 1968.

Attorney(s) appearing for the Case

Leo Broden, Devils Lake, and Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for petitioner.

Neil Thompson, State's Atty., and Thomas E. Rutten, Asst. State's Atty., Devils Lake, for respondents.

John B. Hart, State's Atty., of Rolette County, Rolla, amicus curiae.

ERICKSTAD, Judge (on reassignment).

George Fournier, an Indian and an enrolled member of the Devils Lake Sioux Tribe, was arrested without a warrant on February 3, 1968, within the exterior boundaries of the Fort Totten Indian Reservation by a deputy sheriff of Ramsey County. The reservation lies within Benson County but is adjacent to Ramsey County. Immediately after arresting Mr. Fournier the deputy sheriff transported him to the Ramsey County jail.

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