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Wisconsin legal opinion excludes tribal police
Tuesday, October 7, 2008
Filed Under: Law

A legal opinion from Wisconsin attorney general J.B. Van Hollen said tribal law enforcement agencies are not covered by the state's "mutual assistance" law.

The law allows a law enforcement agency to request the aid of another agency. The responder can exercise authority in the requester's jurisdiction and the responder's employees are considered employees of the requesting agency.

But the law's definition of "law enforcement agency" does not include tribal law enforcement, Van Hollen said in the opinion. The law is limited to agencies that are political subdivisions of the state -- of which tribes are not.

Van Hollen issued the opinion in response to a dispute between Oneida County and the Lac du Flambeau Band of Lake Superior Chippewa. The tribe said county officers were obligated to respond to its calls under the law.

Get the Story:
AG: Tribal police not able to give or receive mutual aid (The Lakeland Times 10/7)
Tribal officers can’t request assistance from county (The Rhinelander Daily News 10/7)

Relevant Documents:
Request for Opinion | Opinion | Press Release



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