The Law and Economics of Crime in Indian Country

The Law and Economics of Crime in Indian Country

The role of race in law enforcement was before the United States Supreme Court in its 2021 Term. The case did not stem from the Black Lives Matter movement; rather, the case arose from a tribal police officer’s encounter with a white man. 1 Open footnote #1 1 Footnote #1 content: See United States v. Cooley, 919 F.3d 1135, 1139 (9th Cir. 2019), vacated , 141 S. Ct. 1638 (2021); Kaitlyn Nicholas, Supreme Court to Hear Case with Implications for Policing in Indian Country , YELLOWSTONE PUB. RADIO (Mar. 22, 2021, 7:37 PM), https://www.ypradio.org/tribal-affairs/2021-03- 22/supreme-court-to-hear-case-with-implications-for-policing-in-indian-country [https://perma.cc/9L5A- 84ZH] (“The defendant is Joshua James Cooley, a white man.”). close Joshua Cooley pulled over on the state highway that crosses the Crow Reservation. 2 Open footnote #2 2 Footnote #2 content: Cooley , 919 F.3d at 1139. close Officer James Saylor of the Crow Nation Police Department stopped to check on the vehicle because cellular service was unreliable on the reservation, and he did not want to leave the driver stranded; he did not suspect foul play. 3 Open footnote #3 3 Footnote #3 content: See id. (“‘A lot of travelers go through that particular stretch of highway,’ Saylor testified, ‘and they will pull over because of various reasons, tired, bathroom, et cetera.’”). close After Saylor knocked on the truck’s tinted window, it cracked open reveal-ing a small child and a weary-eyed driver who “seemed to be non-native.” 4 Open footnote #4 4 Footnote #4 content: Id. (quoting Saylor). close Cooley stated he was passing through the reservation after meeting either Thomas Shoulder Blade or Thomas Spang. 5 Open footnote #5 5 Footnote #5 content: Id. close Saylor knew both men and believed Spang was involved with narcotics. 6 Open footnote #6 6 Footnote #6 content: Id. close Suspicions raised, Saylor continued asking questions. 7 Open footnote #7 7 Footnote #7 content: See id. close Cooley grew frustrated, slowly lowered his hand, and froze into a “‘thousand-yard’ stare.” 8 Open footnote #8 8 Footnote #8 content: Id. at 1139–40. close

Saylor’s training told him this was a sign of danger. 9 Open footnote #9 9 Footnote #9 content: Id. at 1140. close He drew his pistol and ordered Cooley to raise his hands. 10 Open footnote #10 10 Footnote #10 content: Id . close Cooley obeyed. 11 Open footnote #11 11 Footnote #11 content: Id . close After obtaining Cooley’s driver’s license, Saylor tried to have dispatch search Cooley’s name, but poor service prevented transmission. 12 Open footnote #12 12 Footnote #12 content: Id . close Saylor proceeded to inspect the vehicle and spotted a pistol where Cooley had lowered his hand moments earlier. 13 Open footnote #13 13 Footnote #13 content: See id. close Saylor ordered Cooley out of the vehicle. 14 Open footnote #14 14 Footnote #14 content: Id . close After Saylor patted him down, Cooley emptied his pockets, revealing bags of the type commonly used to transport meth. 15 Open footnote #15 15 Footnote #15 content: Id . close Cooley and the child were placed in the police car where Saylor contacted the Crow Police Department and the Bighorn County Sheriff because Cooley did not look Indian . 16 Open footnote #16 16 Footnote #16 content: Id . close While waiting for backup, Saylor went to turn off Cooley’s truck. 17 Open footnote #17 17 Footnote #17 content: Id . close He discovered a pipe and meth. 18 Open footnote #18 18 Footnote #18 content: Id . close The Bureau of Indian Affairs (BIA) police and local sheriff arrived sometime later. 19 Open footnote #19 19 Footnote #19 content: Id . close The BIA officer asked Saylor to search the truck, 20 Open footnote #20 20 Footnote #20 content: Id . close and he discovered more meth. 21 Open footnote #21 21 Footnote #21 content: Id . close Cooley was arrested and charged with multiple federal crimes. 22 Open footnote #22 22 Footnote #22 content: Id . close

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