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STATE v. ERIKSEN

No. 80653-5.

259 P.3d 1079 (2011)

172 Wn.2d 506

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

Supreme Court of Washington, En Banc.

Decided September 1, 2011.

Attorney(s) appearing for the Case

William Joseph Johnston , Attorney at Law, Bellingham, WA, for Petitioner.

Ann Lindsay Stodola , Whatcom County Prosecutor's Office, Bellingham, WA, for Respondent.

Mary Michelle Neil , Attorney at Law, Bellingham, WA, amicus counsel for Lummi Nation.

FAIRHURST, J.

¶ 1 We granted reconsideration to again consider whether a tribal police officer who observed Loretta Lynn Eriksen commit a traffic infraction on the Lummi Reservation could validly stop her outside the reservation and detain her until county police arrived. We conclude that the tribe's inherent sovereign powers did not authorize this extraterritorial stop and detention.

I. FACTUAL HISTORY

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