Tribal Police Seek More Computer Access

[Drew27k9]

Tribal Police Seek More Computer Access
By CHRIS T. NGUYEN
Associated Press Writer

CABAZON INDIAN RESERVATION, Calif. - Cabazon police Sgt. Ronald Karr can arrest people, carry weapons and respond to emergencies in a patrol car equipped with a wailing siren and flashing lights. But what Karr and every other American Indian tribal police officer in California cannot do is tap into state and federal law enforcement databases to check for criminal records and outstanding warrants on the people they stop.

Many other states open their criminal databases to all law enforcement agencies, although some place added requirements on tribal police.

Without that access, tribal officers say they can have trouble gathering such basic information as a person's home address.

"You don't know whether someone has just robbed a bank or escaped from jail," said Karr, 52, as he patrolled the Cabazon Band of Mission Indians reservation in Riverside County, about 90 miles east of Los Angeles. "Without that kind of information, you're really in the dark."

State officials say they fear the tribal officers could not be held accountable if the information were misused.

"Tribes are sovereign, not bound by state law," said California attorney general spokesman Nathan Barankin. "So unless the tribe is willing to waive its sovereignty in some way or a state or local government agency wants to assume accountability on behalf of that tribe, there's no way to make a tribe bound by California law."

The California Tribal Police Chiefs Association, which filed a lawsuit last May against the state in Riverside County Superior Court to get access to the information, says discrimination lies behind the ban.

"The potential for abuse exists everywhere, not just on reservations," said Michael Meese, police chief for the Hopland Band of Pomo Indians in Northern California.

Tribal officials say public safety is becoming increasingly important on reservations because the booming gambling industry has drawn more people to American Indian-run casinos.

"In order to do our job effectively we have to have the tools," said Stan Kephart, police chief of the Cabazon tribe and a member of the Tribal Police Chiefs Association.

The California Law Enforcement Telecommunications System, which is controlled by the state attorney general's office, provides authorities with data on state residents, including their driving records, criminal history and outstanding arrest warrants. It also provides a gateway to a nationwide database.

State law limits access to "sworn peace officers" employed by cities, counties and federal agencies. It makes no provision for officers working on American Indian reservations.

"Tribes do have their hands tied," said Mike Smith, interim director for the U.S. Bureau of Indian Affairs.

In Montana, tribal police must be certified to receive access and must complete special training, said Assistant Attorney General Sarah Bond.

In Wisconsin, where tribes are also given access, the Lac du Flambeau Band of Lake Superior Chippewa Indians gets its information directly from the local sheriff's department, said tribal Police Chief Kathryn Makowski.

California tribes are allowed to make similar arrangements, but tribal officials say most county sheriff's departments are unwilling to cooperate. Only the Hoopa Valley Indian Tribe in Northern California has such an agreement, with the Humboldt County Sheriff's Department.

"The procedures and the way people operate should be the same if you're going to be a police officer," said Tom McMains, the California Peace Officers Association's treasurer. "The biggest issue is the fact that they're operating outside the same rules as everyone."

http://kevxml2adsl.verizon.net/_1_2S...&feed=ap&top=1

[MOCOP]

Whatta load of BS. Give the Tribal cop's access for the love of God.

I liked the AG's statement about giving up sovereignty. California looking to broaden it's tax base? Bad Guys are bad guys who cares who catches em. But we all need the tools.

[mcsap]

Let them have access, if an officer misuses it, revoke his access no different than if I misused it.

[Strijder]

If a tribal police officer abuses the databases, wouldn't he be free from state penalties (other than revoking access; I mean jailtime, fines, or civil suits)? Is that what they're worried about?

Looks to me like both sides need to compromise a bit... have the tribal departments agree to follow state guidelines for enforcement, and have the state trust them to follow through or revoke the dept's access.

[CA Cop]

Tribes are sovereign, not bound by state law. We might as well give access to law abiding citizens without penalty for abuse to access our law enforcement databases if that's the case.

We can't control what their hiring/training standards are......would you want a felon (I'm not saying that any of the Tribal cops are.) accessing your private info?

We can't go after them, there's absolutely no penalty for abuse or misuse.

If they want access, the state needs to have the power to be able to hold them accountable via some sort of mutual written agreement. The info accessible to LEO's are confidential. We have to prevent unauthorized entry/deletion by limiting access.

Would you allow giving access to our statewide/nationwide LE databases for neighboring cops in Mexico or Canada? Well, guess what? Tribal cops are sovereign, not bound by the laws of this state.

It's very important to safeguard these databases and only allow access to sworn LEO's for official use ONLY!

[Norm357]

Tribes are sovereign, not bound by state law. We might as well give access to law abiding citizens without penalty for abuse to access our law enforcement databases if that's the case.

We can't control what their hiring/training standards are......would you want a felon (I'm not saying that any of the Tribal cops are.) accessing your private info?

We can't go after them, there's absolutely no penalty for abuse or misuse.

If they want access, the state needs to have the power to be able to hold them accountable via some sort of mutual written agreement. The info accessible to LEO's are confidential. We have to prevent unauthorized entry/deletion by limiting access.

Would you allow giving access to our statewide/nationwide LE databases for neighboring cops in Mexico or Canada? Well, guess what? Tribal cops are sovereign, not bound by the laws of this state.

It's very important to safeguard these databases and only allow access to sworn LEO's for official use ONLY!

There are two Tribal police officers here who will be along shortly to tell you that you are an idiot. :D Have fun.

[CA Cop]

If it's true that we don't have the safeguards or oversight of tribal personnel equal to that of any of the rest of us, then I'm concerned too. But if there's a way that the tribal officers can be held accountable just like the rest of us, then naturally I support giving them the access.

EXACTLY!

[Bearcat06]

If they are certified LEOs and acting in a LEO on-duty status I see no reason why they can't have access like the other Tribal Officers around the US. If an agreement needs to be made, then do it instead of flapping your gums about it.
CA political BS will end up getting one of them killed some day when they are doing a traffic stop on a bad guy....

[CA Cop]

There are two Tribal police officers here who will be along shortly to tell you that you are an idiot. :D Have fun.

Like I said, would you give regular citizens the power to access the LE databases? They don't meet CA POST requirements to be a cop!

Would you allow them to make entries/deletions to our LE databases and not have the power to hold them accountable?

Would you allow non-qualified personnel to access it? Our state standards on hiring/training does NOT apply to sovereign Tribal police officers!!!

If they entered you into the file as a someone who was arrested for murder, how will you get that cleared? What if they entered a warrant for your arrest? How will it be handled? Remember that they are a sovereign nation, just like Mexico and Canada, only difference is that they are located within our country's borders.

Who's the idiot now? Do some research before you speak. I'm glad you're not a LEO! I wouldn't want someone as stupid as you having/giving away access to our confidential information.

[Bearcat06]

Umm.....from what I have been told by other LEs, there are states that allow the public to have that info for a fee because it is considered public information......

[Norm357]

Like I said, would you give regular citizens the power to access the LE databases? They don't meet CA POST requirements to be a cop!

Would you allow them to make entries/deletions to our LE databases and not have the power to hold them accountable?

Would you allow non-qualified personnel to access it? Our state standards on hiring/training does NOT apply to sovereign Tribal police officers!!!

If they entered you into the file as a someone who was arrested for murder, how will you get that cleared? What if they entered a warrant for your arrest? How will it be handled? Remember that they are a sovereign nation, just like Mexico and Canada, only difference is that they are located within our country's borders.

Who's the idiot now? Do some research before you speak. I'm glad you're not
a LEO! I wouldn't want someone as stupid as you having/giving away access to our confidential information.

LMAO Im stupid? I just made a comment. Nice to see that Cali cops are so mature. :rolleyes:

Now I was coming back to post that I did a quick Google search for California Tribal Police standards and training and all I found out was that some Tribes are POST certified and some are not. That was something I did not know. I wonder why they wont let the POST certified Depts have acess to the State database? Why are the training standards not uniform across the state?

[CA Cop]

It is only uniformed for CA POST certified agencies. CA penal code governs all peace officers employed by the government. It mandates certain criteria that has to be met in order to be a cop here.

Tribal Police are sovereign entities.....How many times do I have to tell you? CA cannot regulate their hiring/training standards.

You are dumber than I thought.....

[Bearcat06]

It is only uniformed for CA POST certified agencies. CA penal code governs all peace officers employed by the government. It mandates certain criteria that has to be met in order to be a cop here.

Tribal Police are sovereign entities.....How many times do I have to tell you? CA cannot regulate their hiring/training standards.

You are dumber than I thought.....

Nice attitude..... :rolleyes:

[Norm357]

It is only uniformed for CA POST certified agencies. CA penal code governs all peace officers employed by the government. It mandates certain criteria that has to be met in order to be a cop here.

Tribal Police are sovereign entities.....How many times do I have to tell you? CA cannot regulate their hiring/training standards.

You are dumber than I thought.....

Sigh....personal attacks are forbidden here at RP.

Some Tribal Police in California are POST certified. Care to explain that?

[Norm357]

Let's keep it civil, guys.

I have been nothing but civil. Why havnt you banned CA COP yet for violating the boards tos yet?