PRIA, Government Policy, Made Personal

Summary

The Secretary can give Bureau employees law enforcement powers. Those employees may carry firearms; serve or execute warrants, summonses, or other orders for crimes in Indian country under United States law (including ones from a Court of Indian Offenses or the Central Violations Bureau) or under an Indian tribe’s law if the tribe allows it. They may arrest without a warrant in Indian country when the offense happens in their presence; when it is a felony and they have probable cause (a good reason to believe the person did it); when it is a misdemeanor domestic-violence-type crime that involves force or a deadly weapon and the suspect is a current or former spouse, parent, guardian, co-parent, cohabitant, or someone in a similar role; or when it is certain misdemeanors and they have probable cause. Those misdemeanors include some controlled-substance offenses (Controlled Substances Act, 21 U.S.C. 801 et seq.; 21 U.S.C. 862a et seq.; section 865 of title 21), misdemeanor firearms offenses (18 U.S.C. chapter 44), misdemeanor assault (18 U.S.C. chapter 7), and misdemeanor liquor trafficking (18 U.S.C. chapter 59). They may also offer and pay rewards or buy evidence to help find or arrest offenders; question people and take oaths or sworn statements about matters tied to enforcing U.S. or tribal law; wear a uniform and badge or carry official ID; perform other law-enforcement duties; and help federal, tribal, State, or local law agencies when asked, with or without reimbursement.

Title 25, §2803

Indians, Source: USLM XML via OLRC

The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—

(1)carry firearms;

(2)execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—

(A)the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or

(B)an Indian tribe if authorized by the Indian tribe;

(3)make an arrest without a warrant for an offense committed in Indian country if—

(A)the offense is committed in the presence of the employee,

(B)the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;

(C)the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or

(D)(i)the offense involves—

(I)a misdemeanor controlled substance offense in violation of—

(aa)the Controlled Substances Act (21 U.S.C. 801 et seq.);

(bb)title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); or

(cc)section 865 of title 21;

(II)a misdemeanor firearms offense in violation of chapter 44 of title 18;

(III)a misdemeanor assault in violation of chapter 7 of title 18; or

(IV)a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and

(ii)the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;

(4)offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States;

(5)make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws;

(6)wear a prescribed uniform and badge or carry prescribed credentials;

(7)perform any other law enforcement related duty; and

(8)when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Controlled Substances Act, referred to in par. (3)(D)(i)(I)(aa), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in par. (3)(D)(i)(I)(bb), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IX of the Act enacted section 862b of Title 21, Food and Drugs, section 12392 of Title 34, Crime Control and Law

Enforcement

, and section 608a and 710 of Title 42, The Public Health and Welfare, amended section 1693b of Title 15, Commerce and Trade, section 32 of Title 26, Internal Revenue Code, and section 1396a, 1396g, 1397a, 1397b, 1437d, 1437f, and 1437z of Title 42, and enacted provisions set out as notes under section 32 of Title 26 and section 601, 710, and 1396a of Title 42. For complete classification of this Act to the Code, see

Short Title

of 1996

Amendments

note set out under section 1305 of Title 42 and Tables.

Amendments

2010—Par. (2)(A). Pub. L. 111–211, § 211(c)(1), substituted “or offenses processed by the Central Violations Bureau); or” for “), or”. Par. (3)(B), (C). Pub. L. 111–211, § 211(c)(2)(B), substituted “probable cause” for “reasonable grounds”. Par. (3)(D). Pub. L. 111–211, § 211(c)(2)(A), (C), (D), added subpar. (D). 2006—Par. (3)(C). Pub. L. 109–162 added subpar. (C).

§2803 Law Enforcement Authority

Summary

Title 25, §2803

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Enforcement

Short Title

Amendments

Amendments

Citations & Metadata