NARRAGANSETT INDIAN TRIBE, Plaintiff, Appellant,
v.
State of RHODE ISLAND and Providence Plantations et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 6, 2005.
Decided May 24, 2006.
Attorney(s) appearing for the Case
Douglas J. Luckerman, with whom John F. Killoy, Jr. and David Kaplan were on brief, for appellant.
Jill Elise Grant, Daniel I.S.J. Rey-Bear, Rodina C. Cave, and Nordhaus Law Firm, LLP on brief for National Congress of American Indians, American Civil Liberties Union, and American Civil Liberties Union, Rhode Island Affiliate, amici curiae.
Claire J. Richards, Special Counsel, for appellee Governor Donald L. Carcieri.
Neil F.X. Kelly, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, was on brief, for remaining state appellees.
Joseph S. Larisa, Jr., Assistant Solicitor, for municipal appellees.
Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.
United States Court of Appeals, First Circuit.
OPINION EN BANC
SELYA, Circuit Judge.
This case pits the Narragansett Indian Tribe (the Tribe) against the State of Rhode Island (the State).1 It requires us to answer a challenging question of first impression: May officers of the State, acting pursuant to an otherwise valid search warrant, enter upon tribal lands and seize contraband (in this case, unstamped, untaxed cigarettes) owned by the Tribe and held by it for sale to...
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