Pulled over at gunpoint by Tribal Cop

[nwskydiver]

Washington State
I was overserved at a Tribal Casino and reported intoxicated. My wife drove us home and the Tribal Police pulled us over on Interstate 5. Two Washington State Patrol Officers stood by. The Tribal Cop drew his weapon and pointed it in the driver's window at my wife and myself. He demanded license and registration and asked if we had any weapons in the vehicle. My wife was un-nerved with the gun pointed at her, less than a foot from her head. I was trying to tell the cop it wasn't her truck, she didn't know where I kept the registration, and he yelled at me "passenger shut-up or I'll put you in cuffs, I'm talking to the driver only". He yelled again for her license and registration, she was now about to cry, she still couldn't find her purse. He told her to get out and he gave her a field sobriety test and breathelizer, which she passed easily. Another Tribal Cop, who was standing by my open passenger window watching me, said the other Officer pulled his weapon because I had a sticker on my back window that read "Warning, Driver only carries $20.00 worth of ammo". My wife never did produce her license or the vehicle registration, the cop took her at her word. The State Troopers never intervened or got involved, they just watched. When the Tribal Cop showed the Trooper the .032 breathelizer readout, the Trooper said "Fine, we're outta here" and left. Does anyone know if they can draw their weapons in this situation and point them at us? We were absolutely stunned. This cop was not polite and offered no apologies or explanations to any of us. They just drove off, leaving us sitting there wondering what had just happened.

 

[HomeGuru]

Washington State
I was overserved at a Tribal Casino and reported intoxicated. My wife drove us home and the Tribal Police pulled us over on Interstate 5. Two Washington State Patrol Officers stood by. The Tribal Cop drew his weapon and pointed it in the driver's window at my wife and myself. He demanded license and registration and asked if we had any weapons in the vehicle. My wife was un-nerved with the gun pointed at her, less than a foot from her head. I was trying to tell the cop it wasn't her truck, she didn't know where I kept the registration, and he yelled at me "passenger shut-up or I'll put you in cuffs, I'm talking to the driver only". He yelled again for her license and registration, she was now about to cry, she still couldn't find her purse. He told her to get out and he gave her a field sobriety test and breathelizer, which she passed easily. Another Tribal Cop, who was standing by my open passenger window watching me, said the other Officer pulled his weapon because I had a sticker on my back window that read "Warning, Driver only carries $20.00 worth of ammo". My wife never did produce her license or the vehicle registration, the cop took her at her word. The State Troopers never intervened or got involved, they just watched. When the Tribal Cop showed the Trooper the .032 breathelizer readout, the Trooper said "Fine, we're outta here" and left. Does anyone know if they can draw their weapons in this situation and point them at us? We were absolutely stunned. This cop was not polite and offered no apologies or explanations to any of us. They just drove off, leaving us sitting there wondering what had just happened.

**A: thanks for writing. Next time stay in America.

 

[phwl]

An officer can draw his weapon if he has reason to believe his life or the life of his partner or others might be in jeopardy. During an enforcement stop, yes, they can draw their service weapon. To be nice and polite is another story.

 

[Bravo8]

Having the right to do something, and doing the right thing aren't always the same.

I hesitate to second guess the officer, as I obviously wasn't present, BUT:

If the situation was exactly as you described, then I don't see any justification for approaching with a drawn weapon. If this were routine, I'd be drawing my weapon on every few stops (every time I see a NRA sticker).

 

[oberauerdorf]

And regardless of whether or not it was 'legal', HG was correct. (although you'd have to know what he was talking about )

You were still on the reservation. Therefore, technically, you were not in the U.S. and not subject to U.S. law.

As HG said, next time visit a U.S. Casino. The rules for cops in the U.S. are a lot more stringent.

 

[HomeGuru]

Me good. You good.

 

[nwskydiver]

The Tribal Officers followed us from Tribal Land onto a U.S. Interstate (approximately 2 miles) and THEN pulled us over. Hence, the Washington State Patrol Officers standing by. We were unquestionably and clearly on U.S. land.
I am upset because it would seem like the Officer, had he feared for his safety, would have ordered th driver out via loudspeaker and subsequently the passengers. There was certainly sufficient coverage by a total of 4 Officers (2 Tribal & 2 State Troopers). The Tribal Cop on the passenger side (my side) did not draw his weapon and neither did the State Troopers.
I respect the job of Law Enforcement Officers and the crap they have to put up with from some encounters. We all see a lot of that on shows such as COPS and other programs.
My job involves working with Law Enforcement Officers on heavy highway construction projects. We routinely have them with us for safety enhancement and DUI emphasis. I can't count the number of times Troopers, Deputies and Local Officers have had a laugh when they saw the "warning" sticker on my truck. None of them ever said "Hey, be careful, that could make someone nervious".
I completely fail to see ANY justification in the Tribal Cop drawing his weapon on us (one foot from my wife's head, barrel pointed point blank at my face, with his finger on the trigger). Something seems really wrong also, because at NO TIME did the State Troopers intervene in anything. No examination, no search, no questions, nothing. As soon as they saw the breathelizer, they took off. The Tribal Cop obviously had an adreneline rush going and I was really nervious he might squeeze that trigger. I just think he went a little too far and scared the living hell out of my wife. Had he squeezed off a round, he would have deafened my wife, possibly permanantly. I have a feeling the State Troopers told the Tribal Cop "Hey, this went a little too far. Cut 'em loose and let's get the hell out of here.", because everyone left in a hurry. No lights, no sirens, nothing.

 

[HomeGuru]

You no good.

 

[loocpoc]

First and foremost tribal police have to follow the same law as any police officer in the US. Tribal governments are considered "soverignties" the same as any US state government. They have the authority to enforce Federal, state and tribal laws on tribal lands and in "hot pursuit". I work with quite a few tribal investigators on a daily basis.

Best bet is to file a complaint with the tribal police department and the FBI if you feel your rights were violated.

 

[Bravo8]

I fail to see how anyone's rights had been violated, maybe I'm missing something.

Nwskydiver, if the officer did as you say, and exactly as you said, I would follow up with the tribal PD. I would explain the situation, and especially note the officer's poor gun handling. Anyone even remotely familiar with basic gun safety knows to "index the slide" (keep your finger off the trigger and on the slide until ready to fire). Way too many "accidental discharges" from excited people (cops and civilians alike) from placing the finger in the trigger guard prematurely.

 

[n_and]

I am an American Indian. I grew up on a reservation. Take HomeGuru's advice and next time stay in the U.S. There are a TON of different rules, laws, policies, and procedures on the reservation. The T.O. did nothing wrong by trying to protect himself because you exercised your right to put an asinine sticker on your car. When the BAC level proved your wife was not intoxicated, they left. 2 state troopers were present and did not intervine. Wasn't that an answer enough? As for the advice you recieved to inform the FBI, that is ludicrous. Filing a report with tribal police will get you nowhere, and give them a good laugh. You were not violated in any way. Your rights were protected. Let it go.

 

[xrx]

I am NOT a lawyer

While keeping that in mind...
A few years back this girl I know got into an altercation on tribal land. She was punched by an indian girl, which resulted in a fight and Tribal Police coming. The girl I know tried to press charges and sue (her nose was broken) but because it was out of U.S. territory there was nothing she could do outside of cause herself an even bigger headache. Just be glad you didn't get a ticket.

Poster 'n_and' is correct about the FBI. Why would they do anything? They are far to busy. Take poster Bravo8's advice and file a complaint with the commanding officer if you really care that much, but from my own experience in the incident I just described, it probaly won't get you anywhere.

 

[Bravo8]

Perhaps I should clarify.....

My concern, and what would prompt me to contact the Tribal PD, is the officer's unsafe tactic of placing his finger on the trigger prematurely. The next time the officer draws his weapon could result in someone being injured or killed from a negligent discharge.

 

[violetb]

Give it a break. Everyone told you that you could file a complaint with the Tribal council which probably won't net you anything or JUST LET IT GO. Something caused them to suspect their safety whether you agree or not.
File or not ==it is up to you.

 

[mykoleary]

Perhaps I should clarify.....

My concern, and what would prompt me to contact the Tribal PD, is the officer's unsafe tactic of placing his finger on the trigger prematurely. The next time the officer draws his weapon could result in someone being injured or killed from a negligent discharge.

If they felt the need to draw their weapon, they felt the need to be ready to use it, and they can't use it with the gun dangling from their hand.