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STATE v. ERIKSEN

No. 80653-5.

216 P.3d 382 (2009)

STATE of Washington, Respondent, v. Loretta L. ERIKSEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 17, 2009.

Attorney(s) appearing for the Case

William Joseph Johnston, Bellingham, WA, for Petitioner.

Ann Lindsay Stodola, Bellingham, WA, for Respondent.

Mary Michelle Neil, Bellingham, WA, for Amicus Curiae on behalf of Lummi Nation.

SANDERS, J.

¶ 1 A Lummi Nation tribal police officer witnessed a motorist on the reservation driving at night with high beams and drifting across the center divider. Did the officer have authority to continue pursuing this vehicle beyond the reservation's borders and then detain the non-Indian driver until authorities with jurisdiction to arrest for DUI1 arrived? This is an issue of first impression. We hold tribal officers have inherent...

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