The South Dakota Supreme Court on Thursday ruled that a county deputy had no right to pursue a drive accused of a traffic violation onto the Pine Ridge Reservation.

The state claimed the U.S. Supreme Court's decision in Nevada v. Hicks authorized state jurisdiction over Indian Country. But the South Dakota court, in a unanimous decision, rejected the defense. The court also said the state cannot use any evidence collected on the reservation to prosecute a crime that allegedly occurred off the reservation.

The Hicks case concerned a Nevada tribal member's attempt to sue state law enforcement officials who raided his home to investigate an alleged off-reservation crime. The U.S. Supreme Court ruled the man did not have authority to sue the state in tribal court but did not sanction the raid. Justice Antonin Scalia, however, wrote in the majority opinion that State sovereignty does not end at a reservation�s border."

Get the Story:
Court: Deputy had no jurisdiction (AP 4/23)

Get the Decision:
STATE OF SOUTH DAKOTA v. NICHOLAS CUMMINGS (April 21, 2004)

Nevada v. Hicks Decision:
Syllabus | Opinion | Concurrence (Souter) | Concurrence (Ginsburg) | Concurrence (O'Connor) | Concurrence (Stevens)

Related Stories:
S.D. tribe to accept state subpoenas (2/19)
S.D. puts pressure on tribal sovereignty (2/12)
State power over tribal government in dispute (12/03) Supreme Court bars state officials from tribal suit (6/26)
O'Connor defends tribes amidst squabbling (6/26)