joshua james cooley joshua james cooley

The Crow Nation led dozens of Tribal amici curiae in support of the United States petition for certiorari in the United States Supreme Court. PRIVACY POLICY The officer also noticed that Cooleys eyes were bloodshot. Brief of respondent Joshua James Cooley filed. Saylor also noticed two semiautomatic rifles lying on Cooleys front seat. Reply of petitioner United States filed. It seems like at some point that would transform into an arrest, Barrett told Feigin who replied that he wanted to differentiate from what the government considers a formal arrest and what might be colloquially considered an arrest by the public. The second exception we have just quoted fits the present case, almost like a glove. Reply of petitioner United States filed. (Appointed by this Court. (Due October 15, 2020). Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. Brief amici curiae of Lower Brule Sioux Tribe, et al. Does the authority here come from the Constitution? Justice Brett Kavanaugh asked. The case involves roadside assistance, drug crimes, and the Crow people. Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. See DISTRIBUTED for Conference of 11/13/2020. The defendant in the case, Joshua James Cooley, was arrested after a tribal police officer noticed his truck idling on the side of a highway that runs through the Crow Indian Reservation in Montana. mother. Elisha Cooley. Menu Log In Sign Up The location was federal Highway 212 which crosses the Crow Indian Reservation. Motion for an extension of time to file the briefs on the merits filed. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Breyer, J., delivered the, Heidepriem, Purtell, Siegel & Hinrichs, LLP, Party name: Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Federal Public Defender, District of Arizona, Party name: National Association of Criminal Defense Lawyers, Party name: The Ninth Circuit Federal Public and Community Defenders, Party name: Citizens Equal Rights Foundation, Party name: Former United States Attorneys, Party name: National Indigenous Women's Resource Center, Patterson Earnhart Real Bird & Wilson LLP, Party name: Ute Indian Tribe of the Uintah and Ouray Reservation, Party name: Indian Law Scholars and Professors, Party name: National Congress of American Indians and Other Tribal Organizations, Party name: Current and Former Members of Congress. Pursuant to Rule 39 and 18 U.S.C. Even a cursory review of Duro and Strate, however, reveals that [the Supreme Court] did not recognize that Indian tribes possess the broad authority to detain, investigate, search, and generally police non-Indians. The liberal justice pushed Henkel to account for what he thought tribal officers do have the authority to do by throwing out a series of What If situations. Saylor spoke to the driver, Joshua James Cooley, and observed that Cooley appeared to be non-native and had watery, bloodshot eyes. Indeed, several state courts and other federal courts have held that tribal officers possess the authority at issue here. 0 Add Rating Anonymously. Main Document Proof of Service. Waiver of the 14-day waiting period under Rule 15.5 filed. 435 U.S. 313, 323 (1978). Joshua James Cooley, Joshua J Cooley. We do think they can hold a suspect on probable cause for a reasonable time on handover., Barrett said that under the Fourth Amendment, holding a suspect under those circumstances seems like an arrest., While skeptical of the governments claims, the newest justice was also reticent to endorse the new (and above-noted) standard set by the Ninth Circuit which allowed for a tribal officer to detain a non-Indian engaged in an apparent or obvious violation of law., Henkel also wasnt thrilled about that standard but somewhat endorsed it by describing it as a situation where public safety is in jeopardy now., Have a tip we should know? Oct 15 2020. (Distributed). PDF Supreme Court of the United States 191414. PDF W A I V E R - Supreme Court of the United States Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. Justice Stephen Breyer gave little away during his questioning of the government attorney but appeared skeptical of Henkels position. SET FOR ARGUMENT on Tuesday, March 23, 2021. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. Genealogy for Joshua Cooley (1798 - 1880) family tree on Geni, with over 230 million profiles of ancestors and living relatives. Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. Brief of respondent Joshua James Cooley in opposition filed. DISTRIBUTED for Conference of 11/20/2020. 39. The time to file respondent's brief on the merits is extended to and including February 12, 2021. Long ago we described Indian tribes as distinct, independent political communities exercising sovereign authority. Or must the officer wait until the Native woman suffers a more serious injury, such as a stab wound or broken leg, or a homicide before the commission of the crime becomes sufficiently obvious? Brief of respondent Joshua James Cooley in opposition filed. On appeal, the Ninth Circuit agreed with the District Court and adopted the same confined view of Tribal sovereignty, holding that it is beyond the authority of a Tribal officer on a public right of way crossing a reservation to detain a non-Indian without first attempting to ascertain his status as an Indian or non-Indian. The nations farthest left justice clearly set Henkel back on his heels a bit and the line of questioning ending with Henkel pointing out that the ICRAs analogue was the actual point of lawwhich audibly did not satisfy Sotomayor, who would have continued her unfriendly inquiry, but who had to move on due to her time running out. Because many reservations are home to a predominantly non-Indian population, including many of the 26 VAWA-implementing Tribal Nations, the Ninth Circuits unworkable standard for Tribal law enforcement in effectuating stops of non-Indians suspected of committing a crime on reservations threatened to jeopardize Native womens safety further. But opting out of some of these cookies may affect your browsing experience. The Ninth Circuit concluded that Saylor had failed to make that initial determination here. The Ninth Circuit affirmed. joshua james cooley: Birthdate: 1830: Death: 1914 (83-84) Immediate Family: Son of henry cooley and susannah rebecca cooley Husband of maria cooley Father of john cooley. This Court granted the government's petition for a writ of certiorari Principal at Tipton Hills Adult Foster. VAWA Sovereignty Initiative Joshua Cooley, 1924 - 1986 Joshua Cooley 1924 1986 North Carolina North Carolina Joshua Cooley was born on month day 1924, at birth place , North Carolina, to James Cooley See more results for Joshua Cooley. 515 Lame Deer Ave. Because many reservations are home to a predominantly non-Indian population, including many of the 26 VAWA-implementing Tribal Nations, the Ninth Circuits unworkable standard for Tribal law enforcement in effectuating stops of non-Indians suspected of committing a crime on reservations threatened to jeopardize Native womens safety further. 0 Rate Joshua. Motion to appoint counsel filed by respondent Joshua James Cooley. The conclusion that Saylors actions here fall within Montanas second exception is consistent with the Courts prior Montana cases. DISTRIBUTED for Conference of 11/13/2020. NOTICE:This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. It reasoned that Saylor, as a Crow Tribe police officer, lacked the authority to investigate nonapparent violations of state or federal law by a non-Indian on a public right-of-way crossing the reservation. Brief of respondent Joshua James Cooley in opposition filed. The cop was Crow Highway Safety Officer James Saylor, and the driver was Joshua Cooley, a non-Indian. The probable-cause-plus standard issued by the Ninth Circuit meant that Tribal police, such as the Crow officer who searched James Cooley, would have to inquire from a suspect whether they were Indian before proceeding with a search. You can explore additional available newsletters here. See, e.g., Schmuck, 121 Wash. 2d, at 390, 850 P.2d, at 1341; State v. Pamperien, 156 Ore. App. (Response due July 24, 2020). We are not convinced by this argument. Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. In all cases, tribal authority remains subject to the plenary authority of Congress. Cooley was charged with crimes in federal court, and moved to suppress the evidence as the fruit of an illegal search. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Brief amici curiae of Former United States Attorneys filed. At the district court level, Cooley sought to suppress evidence of contraband seized by a Crow Nation police officer who came across Cooley while patrolling the Crow Reservation. SET FOR ARGUMENT on Tuesday, March 23, 2021. OPINIONS BELOW The opinion of the court of appeals (Pet. Cf. Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. Justice Sonia Sotomayor, who like Alito, was mostly skeptical of the way the government framed their argument, was extremely hostile to the respondents attorney and asked why, if Indian tribes are not adjuncts of U.S. law via deputization and are not sovereign, they are subject to the Fourth Amendments exclusionary rule. Brief for United States 2425. Main Document Certificate of Word Count Proof of Service. View Joshua Cooley results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Fearing violence, Saylor ordered Cooley out of the truck and conducted a patdown search. The NIWRC filed an amicus brief in support of the United States as part of its VAWA Sovereignty Initiative, arguing that if the Ninth Circuits decision was allowed to stand, it would significantly impair the ability of Tribal law enforcement to address domestic violence crimes perpetrated by non-Indians in Tribal communities, and ultimately if left unturned, the Ninth Circuits decision would only exacerbate the crisis of Murdered and Missing Indigenous Women and Girls (MMIWG). 15 Visits. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. This website may use cookies to improve your experience. 18 U.S.C. 924(c)(1)(A). Brief amicus curiae of Indian Law Scholars and Professors filed. v. Joshua James Cooley (Petitioner) (Respondent) Brief amici curiae of Current and Former Members of Congress filed. Respondent Joshua James Cooley hereby moves, pursuant to 18 U.S.C 3006A and Supreme Court Rule 39.6 and 39.7, for appointment of Eric R. Henkel as his counsel in this matter. filed. Congress purposefully extended VAWA jurisdiction not only to lands held in trust, but all lands within the bounds of a reservation. Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests, Court unanimously holds that Indian tribes retain the inherent power to police non-Indians, Court struggles with the indefensible morass its made in Indian law, Tribal police drag messy Indian sovereignty cases back to the court, Justices announce low-key March argument session, Court shelves oral argument in dispute over Mueller materials, grants two new cases, Petitions of the week: Political donations, gun rights, the emoluments clause and more, Petition for a writ of certiorari filed. 21 U.S.C. 841(a)(1); Before we get into what the justices said on Tuesday, here's some background on the case. brother. View the profiles of people named Joshua Cooley. Justice Breyer delivered the opinion of the Court. Motion to extend the time to file the briefs on the merits granted. The search resulted in the seizure of a handgun, glass pipe, and a bag containing methamphetamine. The Cheyenne people and cultural lifeways are beautiful and thriving here. Martha Patsey Stewart. When the jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain the offender and transport him to the proper authorities; the authority to search that individual before transport is ancillary to that authority. Feigin pushed back a bit about the framing of the question but Gorsuch got his way and the government attorney said he thought the adjudicatory process was probably where the Major Crimes Act begins. (Distributed), Brief amicus curiae of National Association of Criminal Defense Lawyers filed. As the Solicitor General points out, an initial investigation of non-Indians violations of federal and state laws to which those non-Indians are indisputably subject protects the public without raising similar concerns of the sort raised in our cases limiting tribal authority. The NIWRCs brief in support of reversal highlighted the fact that significant portions of many reservations across the United States consist of non-Indian fee lands, and the Ninth Circuit was incorrect to characterize the checkerboard nature of reservations as unique or particular to the western United States and the Crow Reservation. See 2803(3). Cooley that a Crow Tribal police officer had the authority to search and detain a non-Indian, Joshua James Cooley, suspected of committing a crime on a highway crossing through the Crow Reservation. Motion to extend the time to file the briefs on the merits granted. Generally, the inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe, but a tribe retains inherent authority over the conduct of non-Indians on the reservation when that conduct threatens or has some direct effect on the health or welfare of the tribe. filed. Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. The first requirement, even if limited to asking a single question, would produce an incentive to lie. (Response due July 24, 2020). On July 24, 2020, the NIWRC filed a key amicus brief in support of a grant of certiorari, asserting that: The Supreme Court granted the United States petition for a writ of certiorari to review the Ninth Circuits decision on November 20, 2020. Brief amici curiae of National Indigenous Women's Resource Center, et al. Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. Supreme Court Considers Tribal Sovereignty in Joshua Cooley Case Cooley had challenged the authority of Tribal law enforcement to stop and detain non-Indians suspected of committing crimes within the borders of a reservation. In response, Cooley cautions against inappropriately expand[ing] the second Montana exception. Brief for Respondent 2425 (citing Atkinson, 532 U.S., at 657, n.12, and Strate, 520 U.S., at 457458). . Justices heard about a police officer stop on the Crow Reservation in Montana, where a non-Indian was found with drugs and was charged with . As the NIWRC pointed out, the very highway where Crow police stopped James Cooley runs through Big Horn County, where cases of 32 and counting missing or murdered Native women or girls have occurred, making Big Horn County one of the counties with the highest rates of homicide of Native women and girls in Montana, and among the highest nationwide. Tribal Nations cannot rely upon federal authorities to solve MMIWG cases (because they routinely decline to investigate homicides of Native women on and near Tribal lands) and the probable-cause-plus standard would significantly undermine the inter-jurisdictional cooperation among Tribal, state, and federal law enforcement which Congress recently mandated in Savannas Act. Fearing violence, Saylor ordered Cooley out of the truck and conducted a patdown search. View More. Joshua James Cooley - Sheridan, WY - Has Court or Arrest Records On Tuesday, June 1, 2021, the United States Supreme Court unanimously found in United States v. Cooley that a Crow Tribal police officer had the authority to search and detain a non-Indian, Joshua James Cooley, suspected of committing a crime on a highway crossing through the Crow Reservation. In doing so we have reserved a tribes inherent sovereign authority to engage in policing of the kind before us. Joshua James Cooley was parked in his pickup truck on the side of a road within the Crow Reservation in Montana when Officer James Saylor of the Crow Tribe approached his truck in the early hours of the morning. Because Congress has specified the scope of tribal police activity through these statutes, Cooley argues, the Court must not interpret tribal sovereignty to fill any remaining gaps in policing authority. Saylor was directed to seize all contraband in plain view, leading Saylor to discover more methamphetamine. We have subsequently repeated Montanas proposition and exceptions in several cases involving a tribes jurisdiction over the activities of non-Indians within the reservation. Response Requested. Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. 450 U.S. 544 (1981), is highly relevant. Update on United States v. Cooley, United States Supreme Court Cooleys argument before the District Court was that the evidence of contraband seized by the Crow police officer during the search was inadmissible because the Tribal officer did not possess the requisite authority to seize him. Given the close fit between the second exception and the circumstances here, we do not believe the warnings can control the outcome. It added that a tribal police officer nonetheless could stop (and hold for a reasonable time) a non-Indian suspect, but only if (1) the officer first tried to determine whether the person is an Indian, and, if the person turns out to be a non-Indian, (2) it is apparent that the person has violated state or federal law. United States Court of Appeals for the Ninth Circuit, Petition for a writ of certiorari filed. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. Joshua Cooley, 33 Resides in Houston, TX Lived In Spring TX Related To Ashley Cooley, Benjamin Cooley, Jozelle Cooley, Thomas Cooley Also known as Josh Cooley, Cooley Josh Includes Address (2) Phone (1) Email (1) See Results Joshua Blake Cooley, 37 Resides in Colorado Springs, CO Lived In Lubbock TX Related To Nathanael Cooley The statutory and regulatory provisions to which Cooley refers do not easily fit the present circumstances. 9th Circuit. Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. United States of America . Joshua Cooley (James), 40 - Mason, MI Public Reputation Profile at JOSHUA JAMES COOLEY, Respondent, On Petition for a Writ of Certiorari to the . (Appointed by this Court. (Due October 15, 2020). Brief amici curiae of Former United States Attorneys filed. Alito, J., filed a concurring opinion. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. In that case we asked whether a tribe could regulate hunting and fishing by non-Indians on land that non-Indians owned in fee simple on a reservation. (Response due July 24, 2020). 9th Circuit. [emailprotected]. 1a-21a) is reported at 919 F.3d 1 The ord135.er of the court of appeals denying pan el rehear ing and rehear- . 5 Visits. (Distributed). While that authority has sometimes been traced to a tribes right to exclude non-Indians, tribes have inherent sovereignty independent of th[e] authority arising from their power to exclude, Brendale v. Confederated Tribes and Bands of Yakima Nation, Here, no treaty or statute has explicitly divested Indian tribes of the policing authority at issue. We held that it could not. RESOURCES See Duro, 495 U.S., at 693 (noting the concern that tribal-court criminal jurisdiction over nonmembers would subject such defendants to trial by political bodies that do not include them); Plains Commerce Bank, 554 U.S., at 337 (noting that nonmembers have no part in tribal government and have no say in the laws and regulations that govern tribal territory). Brief amici curiae of Cayuga Nation, et al. Motion to dispense with printing the joint appendix filed by petitioner United States. Interestingly, the Court did not merely reject the probable-cause-plus standard which the Ninth Circuit issued. Brief of respondent Joshua James Cooley filed. Ortiz-Barraza v. United States, 512 F.2d 1176, 11801181 (CA9 1975). Brief amici curiae of National Indigenous Women's Resource Center, et al. Motion for an extension of time to file the briefs on the merits filed. Emailus. Motion for leave to proceed in forma pauperis filed by respondent GRANTED. See Oliphant v. Suquamish Tribe, Box 445 Billings, MT 59103-0445 Telephone: (406) 294-2424 Facsimile: (406) 294-5586 Email: ashley@haradalawfirm.com Attorney for Joshua James Cooley The NIWRC main office resides on the ancestral lands of the Tstshsthese andSo'taeo'o (Cheyenne) People. United States v. Joshua James Cooley - SoundCloud ), Judgment VACATED and case REMANDED. 42, 44 (2010). State v. Schmuck, 121 Wash. 2d 373, 390, 850 P.2d 1332, 1341 (en banc) (recognizing that a limited tribal power to stop and detain alleged offenders in no way confers an unlimited authority to regulate the right of the public to travel on the Reservations roads), cert. filed. 919 F.3d 1135, 1142. Cooley was taken to the Crow Police Department for further questioning and subsequently indicted by a federal grand jury on drug and gun offenses. the health or welfare of the tribe. Montana v. United States, Waiver of right of respondent Joshua James Cooley to respond filed. To the contrary, in our view, existing legislation and executive action appear to operate on the assumption that tribes have retained this authority. Not the right Joshua? filed. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. However, VAWA 2013 directly contradicts this assertion because in VAWA 2013, Congress unmistakably acted to close jurisdictional loopholes by restoring the ability of Tribal Nations to exercise criminal jurisdiction over non-Indians for crimes of domestic violence, dating violence, and criminal violations of protective orders. The Government appealed. Legal Briefing United States Of America, Petitioner V. Joshua James Cooley, Respondent Abstract: BRIEF AMICI CURIAE OF THE CROW TRIBE OF INDIANS, THE NATIONAL CONGRESS OF AMERICAN INDIANS, AND OTHER TRIBAL ORGANIZATIONS Download PDF Brief amicus curiae of Indian Law Scholars and Professors filed. Saylor observed that the driver, Cooley, appeared to be non-native and had watery, bloodshot eyes. You're all set! App. Cooley, 919 F.3d 1135, 1139-1141 (9th Cir. The question presented is whether an Indian tribes police officer has authority to detain temporarily and to search a non-Indian on a public right-of-way that runs through an Indian reservation. (Due October 15, 2020). Waiver of the 14-day waiting period under Rule 15.5 filed. Phone:406.477.3896 Judgment VACATED and case REMANDED. Angela May Mahirka and Everett Sprague are connected to this place. Even though Congress recognized in VAWA 2013 that the Tribal police of a VAWA-implementing Tribe have full authority to arrest non-Indians who commit domestic violence crimes on a reservation, the Ninth Circuit standard in Cooley would leave an open-ended question as to whether Tribal police would have to ascertain the suspects Indian status before effectuating a Terry stop, even if they had reasonable suspicion that the suspect committed a crime of domestic violence. Saylor also noticed two semiautomatic rifles lying on the front seat. Breyer, J., delivered the opinion for a unanimous Court. SCOTUSBlog: Supreme Court decision marks a first for tribal sovereignty During his questioning of Henkel, Gorsuch posed a question that seemed to help Cooleys case by wondering what remedy, if any, would be available for a non-Indian against a tribal officer akin to a 1983 or Bivens claim. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. Motion DISTRIBUTED for Conference of 3/19/2021. Get free summaries of new US Supreme Court opinions delivered to your inbox! Brief amici curiae of Cayuga Nation, et al. DISTRIBUTED for Conference of 11/20/2020. (Distributed), Brief amicus curiae of Citizens Equal Rights Foundation filed. While waiting for the officers to arrive, Saylor returned to the truck. The phrase speaks of the protection of the health or welfare of the tribe. To deny a tribal police officer authority to search and detain for a reasonable time any person he or she believes may commit or has committed a crime would make it difficult for tribes to protect themselves against ongoing threats. More broadly, cross-deputization agreements are difficult to reach, and they often require negotiation between other authorities and the tribes over such matters as training, reciprocal authority to arrest, the geographical reach of the agreements, the jurisdiction of the parties, liability of officers performing under the agreements, and sovereign immunity. Fletcher, Fort, & Singel, Indian Country Law Enforcement and Cooperative Public Safety Agreements, 89 Mich. BarJ. After communicating with Cooley, Officer Saylor detained him and conducted a search of the truck. W A I V E R . The NIWRC began its brief by noting the Supreme Courts own recognition in United States v. Bryant (2016) that compared to all other groups in the United States, Native American women experience the highest rates of domestic violence. Though recent advocacy efforts have resulted in the restoration of three categories of inherent Tribal criminal jurisdiction over non-Indians in the Violence Against Women Act (VAWA) 2013, the NIWRC argued that the Ninth Circuits decision in Cooley threatened to preclude Tribal law enforcement from fully implementing restored criminal jurisdiction over non-Indians due to the unworkable probable-cause-plus standard. Record from the U.S.C.A. See, e.g., Brief for Former United States Attorneys as Amici Curiae 24 (noting that 3.5 million of the 4.6 million people living in American Indian areas in the 2010 census were non-Indians); Brief for National Indigenous Womens Resource Center etal. The officer then unholstered his service pistol and asked the driver for identification later claiming to have seen two semiautomatic rifles on the front passenger seat. The District Court then granted Cooleys motion to suppress the drug evidence and the United States appealed the decision to the Ninth Circuit Court of Appeals. Whether, or how, that standard would be met is not obvious. Joshua James Cooley in the US . Waiver of right of respondent Joshua James Cooley to respond filed. We also note that our prior cases denying tribal jurisdiction over the activities of non-Indians on a reservation have rested in part upon the fact that full tribal jurisdiction would require the application of tribal laws to non-Indians who do not belong to the tribe and consequently had no say in creating the laws that would be applied to them. As the Washington Supreme Court has noted, [a]llowing a known drunk driver to get back in his or her car, careen off down the road, and possibly kill or injure Indians or non-Indians would certainly be detrimental to the health or welfare of the Tribe. State v. Schmuck, 121 Wash. 2d 373, 391, 850 P.2d 1332, 1341, cert. (Distributed), Amicus brief of Citizens Equal Rights Foundation not accepted for filing. Crow Police Officer Saylor approached a truck parked on U.S. Highway 212, a public right-of-way within the Crow Reservation in Montana. We then granted the Governments petition for certiorari in order to decide whether a tribal police officer has authority to detain temporarily and to search non-Indians traveling on public rights-of-way running through a reservation for potential violations of state or federal law.