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Expert Analysis

New Mexico High Court Ruling May Make Indian Country Safer

Law360, New York (May 27, 2015, 8:50 AM EDT) -- In Loya v. Gutierrez,[1] the New Mexico Supreme Court ruled that county governments must provide a legal defense for tribal police officers voluntarily commissioned by county sheriffs to arrest non-Indians on tribal lands. Loya confronts a familiar scene in Indian country: State-authorized tribal police officers arrest non-Indian defendants for drunk driving and other crimes, only to be sued when those same offenders claim tribes lack criminal jurisdiction over them....

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