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STATE v. SCHMUCK

No. 58987-9.

121 Wn.2d 373 (1993)

850 P.2d 1332

THE STATE OF WASHINGTON, Respondent, v. DAVID P. SCHMUCK, Petitioner.

The Supreme Court of Washington, En Banc.

May 6, 1993.

Attorney(s) appearing for the Case

The Norbut Law Firm, by Gregory P. Norbut, for petitioner.

C. Danny Clem, Prosecuting Attorney, and Pamela B. Loginsky, Deputy, for respondent.

John C. Sledd, Tribal Attorney, on behalf of the Suquamish Indian Tribe, amicus curiae for respondent.

Christine O. Gregoire, Attorney General, and John W. Hough, Deputy, amicus curiae for respondent.

Robert S. Mueller III, Assistant Attorney of the United States, and John T. Bannon, Jr., amicus curiae for respondent.

JOHNSON, J.

At issue is whether an Indian tribal police officer has authority to stop and detain a non-Indian who allegedly violates state and tribal law while traveling on a public road within a reservation until that person can be turned over to state authorities for charging and prosecution. Petitioner David P. Schmuck was found guilty of driving while intoxicated on the Port Madison Reservation after being detained by a Suquamish tribal officer and turned over...

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