(e) When the search is of a moving vehicle and the officer has probable cause to believe that it
contains contraband, stolen or embezzled property.
3-6.06 Disposition of Seized Property. The police shall make an inventory of all property seized by warrant
or otherwise and copies of such inventory shall be left with the person from whom the property was taken
and with the Tribal Court Clerk.
Section 3–7 Commitment
3-7.01 Commitment and Arraignment.
(a) No person shall be detained, jailed, or imprisoned under this Code for a period longer than
seventy-two (72) hours excluding holidays and weekends following arrest without being
arraigned before a Judge of the Spokane Tribal Court or released from custody.
(b) At the arraignment the following procedure shall be observed:
(1) The defendant shall have the complaint read to him/her.
(2) The Judge shall explain the offense charged and the penalties prescribed by this Code to
the defendant and shall determine that the defendant understands the nature of the
charges and possible penalties.
(3) The Court shall advise the defendant of the defendant’s right to remain silent and to
have legal counsel, at defendant’s own expense.
(4) The Judge shall inform defendant of his right to plead not guilty, guilty, or no contest
and ask him if he is ready to plead.
(5) The Clerk of Court shall record the defendant’s plea, if the defendant enters a plea.
(6) If the defendant elects not to enter a plea, the Court shall enter a plea of not guilty for
the defendant.
(7) The Court shall advise the defendant that the defendant may change their plea in an
appearance before the Court at any time before trial or sentencing.
Section 3–8 Bail or Bond
3-8.01 Bail or Bond. Each person charged with an offense before the Spokane Tribal Court may be admitted
to bail.
(a) Bail may be by cash, corporate surety bond or by 1 or more reliable residents of the Reservation
who shall appear before a Tribal Judge and there execute an agreement in accordance with the
form provided therefore.
(b) In no case shall the penalty specified in the agreement exceed twice the maximum penalty set
for the violation or offense charged.
(c) The Tribal Judge may, at his discretion, order or authorize the release of the person charged
without posting bail or bond.
Section 3–9 Corporation of Federal Employees
3-9.01 Corporation of Federal Employees. No field employee of the Bureau of Indian Affairs shall be
permitted to obstruct, interfere with, or control the functions of the Spokane Tribal Court, or to influence
such functions in any manner, except as permitted in this Code or in response to a request for advice or
information from the Court.
3-9.02 Assistance from Agencies of State and Federal Government. The Court may seek assistance from
employees of the Bureau of Indian Affairs, particularly those who are engaged in Social Service, Health and
Educational work, in the presentation of facts in a case and in the determination of proper treatment of
individual offenders.
Section 3-10 Extradition
3-10.01 Extradition. If a person is charged with a violation of the laws of any other Tribe or Reservation or
the Federal or State government, the Tribal Court shall order, unless good cause is shown to the contrary
that such person be made available for pick up by the proper authorities, provided, that a copy of the
warrant, or proof of its existence, is presented to a Judge of the Spokane Tribal Court.
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Revised Spokane Law & Order Code, 5/14/2013