Monday, 02 April 2007 23:54

Case Involving A Drug Bust At The Jackson Rancheria Could Reach The California Supreme Court

slide15A California appeals court ruled last week that the Constitution still requires police to have a good reason to search you, even if you are visiting American Indian lands such as the Jackson Rancheria Casino. The case involves Gilbert Ramirez, who in November of 2003 was caught with methamphetamine, heroin and marijuana in a car in the parking lot of the Jackson Rancheria Casino, according to court documents. Ramirez had large enough quantities of the drugs that authorities decided to prosecute him for intending to sell the drugs.

According to court records obtained by the Stockton Record, two tribal police officers saw Ramirez, who was in the passenger seat "digging through the center (console,)" while a woman in the driver's seat was seen "nervously ... looking around front, back, (and) side to side." On that basis tribal police decided to search the car. Amador County Superior Court threw out the evidence for lack of probable cause as it was said that tribal police officers did not have a strong enough reason to suspect criminal activity, so the charges were dropped. The State Attorney General's Office appealed the Amador court decision, saying that the Constitution's Fourth Amendment protection against "unreasonable searches and seizures" does not apply on the land of sovereign American Indian nations. For the most part the Constitution does not apply to American Indian tribes because they are deemed to be independent nations that existed before the Constitution was developed.

slide18 Congress has the power to make exceptions however. The three-judge Third Appellate District Court ruled unanimously that Congress created an exception when it passed the Indian Civil Rights Act in 1968. That act specifies that tribal governments must respect a number of Constitutional rights, including free exercise of religion, free speech and freedom from unreasonable search and seizures. The ruling clarifies that local police in California must comply with the same standards for searches that are already established for federal law officers operating on Indian lands. Amador officials and Jackson Rancheria leaders say they work closely to prosecute casino-related crime, and the casino contributes hundreds of thousands of dollars a year toward police and court costs for Amador County.

Melinda Aiello, chief assistant district attorney for Amador County told the Stockton Record that the Ramirez case is not the first time that someone has been caught conducting illegal activities at the casino and has tried to get a case thrown out by arguing that tribal police did not gather evidence legally. Usually, however, she said prosecutors have been able to get the evidence admitted. "We are disappointed by the court's ruling," Aiello said. "Which is why we are consulting with the Attorney General's office to see if they will take the issue up to the California Supreme Court." State Attorney General's Office spokesman Gareth Lacy said the agency is reviewing the ruling and has not yet decided whether to take the matter to the California Supreme Court. Jane Zerbi, Legal Counsel to the Jackson Rancheria Band of Miwuk Indians, said in a written statement that the ruling would have little effect on the tribe and its police. She said the tribe generally calls on Amador County Sheriff's officers to conduct searches at the casino. She also said that tribal police receive the same state-certified training as other police officers.