3-4.02 Summons in Lieu of a Warrant. When otherwise authorized to arrest a suspect, a Tribal Police Officer
or a Judge may, in lieu of an arrest warrant, issue a summons commanding the accused to appear before
the Tribal Court at a stated time and place to answer the charge.
(a) The summons shall contain the same information as a warrant, except that it may be signed by
a Tribal Police Officer.
(b) If a defendant fails to appear in response to a summons, a warrant for defendant’s arrest may
be issued.
Section 3- 5 Arrests
3-5.01 Arrests.
(a) No member of the Indian Police shall arrest any person for any offense defined in this Code or
by Federal Law except when the officer shall have a warrant commanding him to apprehend
such person, or the offense shall occur in the presence of the arresting officer, or he shall have
reasonable cause to believe that the person arrested has committed an offense.
(b) Any Probation officer appointed pursuant to this chapter may arrest a probationer without a
warrant, or may authorize any other officer with power to arrest to do so by a written statement
setting forth that the probationer has, in the judgment of the probation officer, violated one or
more of the terms or conditions upon which the probationer was released on probation. Such a
written statement by a probation officer delivered to the officer in charge of the jail shall be
sufficient warrant for the detention of the probationer. Any officer authorized upon receipt of the
written statement shall enter, or cause to be entered, the person’s name and other appropriate
information required by the Spokane Tribal Police Department into the “information systems”
known as Spillman, (or any other system hereafter adopted) established and maintained by the
Spokane Tribal Police Department. Such information shall be deemed a warrant authorizing the
arrest of the person anywhere on the Spokane Indian Reservation.
(c) A Tribal member may make a citizen's arrest for an offense, which occurred in his presence.
Section 3–6 Search Warrants
3-6.01 Who May Issue. Only a Judge of the Spokane Tribal Court shall have authority to issue warrants for
the search of any person or the premises and property of any person under the jurisdiction of the Tribal
Court or of any Indian person or their premises or property on the Spokane Reservation who is under the
jurisdiction of any court other than the Tribal or Federal Court.
3-6.02 Probable Cause. Such Tribal Judge, when satisfied there is probable cause, may issue a search
warrant, upon complaint under oath in writing, to search for and seize any evidence or contraband, material
to the investigation of a criminal violation within the jurisdiction of this Court.
3-6.03 Warrant Content and Service. No warrant for search and seizure shall be valid unless it contains the
name or description of the person or property to be searched and the article of property to be seized.
Service of warrants of search and seizure shall be made only by members of the Tribal Indian Police, police
officers of the Bureau of Indian Affairs or other Federal Officers.
3-6.04 Return of Search Warrant. An unexecuted search warrant shall be invalid after a period of 7 days
from the date of issuance.
3-6.05 Search Without a Warrant. No Tribal law enforcement officer shall conduct any search without a
valid warrant except:
(a) When s/he shall know, or have probable cause to believe, that the person apprehended is
engaged in the commission of an offense under this Code, or
(b) Incident to the making of a lawful arrest, the scope of the search shall be limited to the
arrestee's person and the area under his immediate control, or
(c) With voluntary written consent of the person being searched, or
(d) When s/he has probable cause to believe that the person searched may be armed and
dangerous, or
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Revised Spokane Law & Order Code, 5/14/2013