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STATE v. CLARK

No. 87376-3.

308 P.3d 590 (2013)

178 Wn.2d 19

STATE of Washington, Respondent, v. Michael Allen CLARK, Petitioner.

Supreme Court of Washington, En Banc.

July 25, 2013.

Attorney(s) appearing for the Case

Stephen Thomas Graham , Law Office of Steve Graham, Spokane, WA, for Petitioner.

Jennifer R. Richardson , Stephen Michael Bozarth , Okanogan County Prosecutors Office, Okanogan, WA, for Respondent.

Lisa Marie Koop , Saza Osawa, The Tulalip Tribes, Tulalip, WA, Amicus Curiae on behalf of the Tulalip Tribes.

Brian Cammiade Gruber , Joshua Osborne-Klein, Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, Timothy W. Woolsey , Dana Cleveland , Colville Tribes Office of Reservation At, Nespelem, WA, Amicus Curiae on behalf of Colville Confederated Tribes.

Pamela Beth Loginsky , Washington Assoc of Prosecuting Atty, Olympia, WA, Amicus Curiae on behalf of Washington Association of Prosec.

Nancy Lynn Talner , Attorney at Law, Sarah a Dunne , ACLU of Washington Foundation, Gabriel Steven Galanda , Anthony S. Broadman , Ryan David Dreveskracht , Galanda Broadman, PLLC., Seattle, WA, Amicus Curiae on behalf of ACLU.

FAIRHURST, J.

¶ 1 This case presents a question about the State's ability to search tribal trust land for a crime committed on a reservation over which the State has jurisdiction. While the State lacks explicit statutory authorization to issue search warrants for tribal lands, federal law has not preempted the State's ability to do so, and the Confederated Tribes of the Colville Reservation (Colville Tribes) had not, at the time of this search, utilized their...

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