Can state laws be enforced on Indian Reservations?

Question

I am curious if North Carolina state laws can be legally enforce on the Cherokee Reservation. I have asked lawyers in North Carolina but have yet to get a clear answer. A state trooper tried to infer I violated a law on US highway as if that was a federal offense. However the law cited is a state law. I will fight the ticket on November 17th on this and other grounds.

More details are available at this link:
http://www.fastfreds.com/trips/cherokee/index.htm

Please don't bother lecturing me about obeying the law or wasting your time telling me how to live; I just want an answer with a verifiable source cited.

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. ~John Stuart Mill, On Liberty

Judge Dredd, the link provided is from my own publication or ezine. I have done a lot of research prior to obtaining this ticket with the intent of opposing it in court. I have several legal points other than the reservation angle.

I was traveling on a US Highway and there is no federal law requiring helmets to be worn.

Whether or not I win this case I will not be deterred from continuing my efforts to change this unjust law or have it rule unconstitutional. I will also continue to ride in North Carolina and any other state without a helmet. I have a small defense fund in place to fight future tickets.

I also have a $1,000,000 health insurance policy and more than adequate insurance on both of my motorcycles. Thus I am in no way a burden to society in the way smokers and poor eaters currently are but yet their bad habits are legal. Rather than argue their habits be outlawed I argue I should have the equal protect of law they now enjoy!

Nick † et al.

I was cited for refusing to wearing a helmet. I was not speeding or violating any other law in North Carolina or the United States for that matter.

I also rode away from the traffic stop with no helmet on my head and enjoyed the rest of my weekend without another traffic stop.

A scan/copy of my ticket for refusing to wearing a helmet:
http://www.fastfreds.com/trips/cherokee/pages/DSC05832_jpg.htm

Answer 1

AS A POLICE OFFICER AND BIKER I WOULD ADVISE YOU FIGHT IT; THE ONLY LAWS THAT CAN BE ENFORCED ON RESERVATIONS TO MY KNOWLEDGE ARE LAWS PASSED BY THE NATIVE AMERICAN NATION THAT YOU ARE ON AND FEDERAL LAWS; AS A BYNOTE I KNOW IN TEXAS THE HELMET LAW REQUIRES YOU TO BE 21 YEARS OF AGE AND HAVE 10,000 MEDICAL INSURANCE TO BE EXEMPT OF THE HELMET LAW DONT KNOW IF IT HELPS OR NOT THOUGH

Answer 2

Nc Indian Reservations

Answer 3

You need to find out if its an exclusive or concurrent jurisdiction territory. If its concurrent, then you are out of luck as the state can enforce laws on the reservation. Also there may be agreements between the reservation and the State as to enforcement of State law on highways. Also Unites States Code does not cover traffic offenses, so unless the reservation has its own traffic code they generally assimilate the state laws.

I seriously doubt you will win your case, but good luck anyways.

Answer 4

1) State laws do not apply on Federal Indian Reservations
2) State or Interstate Highways are not considered part of the Federal Indian Reservation
3) While traveling on a State or Interstate Highway you are subject to the laws of the state in which you are traveling

Answer 5

State police officers can enforce federal laws. There are likely many historic agreements or treaties between the Indian tribe and federal government and many of these may regard law enforcement.

If you murder someone on an Indian Reservation, for example, this typically will not make you immune to federal laws. The tribal councils often rely on state and U.S. police agencies for assistance in the enforcement of laws as they are commony unable to effectively reach beyond their borders to catch criminals. Typically, they also do not have their own complex system of laws and courts to deal with various infractions. This case could get complicated, but that might be in your favor if the prosecutor wants to go on to something more important and you show great persistence and resolve.

If it's a matter of principle to you, get an attorney. If it's a matter of finances, do the best on your own and try not to rack up a lot of court costs as the odds are stacked greatly against you. There's always a gamble involved in court. You're betting on a long shot.

Stick to the laws involved and stick to the facts of the case. Long impassioned ideological speeches might help if you're really good. Many times, people just paint themselves in a corner and look foolish which results in the judge using any latitude he has regarding punishment against you.

Just a thought. Talk with a lawyer. They are paid to be good rhetoricians as well as legal experts.

John Stuart Mill was a highly esteemed philosopher, but this quote applies more to helmet laws that speed laws. Speed laws, it will be successfully argued, are meant to control individual behavior for the safety of others, just as this quote suggests is proper. It may not even be argued if everyone but you understands this so fully as to not even address the issue. You are not the one the court has to convince. It's the judge or the jury depening on the case. The judge is convinced of a great deal before you ever arrive regarding points of law.

Answer 6

I've been ticketed on reservations in New Mexico and Arizona, both times by tribal police, and although they do get a little bit red-necked (no pun intended) about enforcing the law, they certainly have the right. I was traveling 1 mph over posted speed limit on the Mescalero Apache Res near Ruidoso, NM and 5 mph over in AZ. The AZ cop threatened to put me in jail for speeding. This was on the Interstate too. I don't know how they do things in NC. If it were me I would plea no contest and pay the fine.

Best of luck to ya FAST FRED!

Answer 7

I'm not 100% sure but most state laws and/or federal laws do not apply to Indian reservations, especially if they have a tribal council of elders. However, if the road you were on only borders the res, I don't think you have a leg to stand on.

Answer 8

A bit of fodder for your defense at the first link, and how that argument failed and why at the second link.

I don't think the law varies due to the road running through an Indian Reservation, as the wording of the statue is:

"(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area: ". . .(2) Unless the operator and all passengers thereon wear safety helmets of a type approved by the Commissioner of Motor Vehicles. . . ."

Since this says "highway", it does not seem to differentiate where the highway is, as long as it is in North Carolina.

Sorry -- good luck with your fight, though.

Answer 9

Under the Indian Citizenship of 1924. All Indians are US Citizens. As for state taxes, if they work for their tribal government, no; however, if they work off the reservation then yes. They pay all federal taxes still. As for exemptions, that depends on the tribe. They usually have their own hunting and fishing rights separate of everyone else. As for other laws, that depends. There would be exemptions out there.

Answer 10

Alaw is a law, you dont get to avoid it by being on a reservation the same way you couldnt murder someone and run onto Indian territory. Speeding IS harmful to others, thats why they have LAWS AGAINST IT. ooops shhh..... You wont win your case. It is a federal law but you are IN a state, big deal. Quit trying to weasel out of it, pay the thing and here's an idea DRIVE THE SPEED LIMIT

Answer 11

Only federal law or tribal law enforcement can be enforced on a reservation.