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Law
Appeals court upholds stop, search by tribal police


Tribal and Bureau of Indian Affairs police officers didn't violate the constitutional rights of an Indian man who was stopped for an alleged violation of the Oglala Sioux Tribe's motor vehicle code and later charged with possession of marijuana, the 8th Circuit Court of Appeals ruled on Tuesday.

In a unanimous decision, the court said the officers had grounds to stop Joseph Dale Martin because they noticed his brake lights weren't working. Upon stopping the vehicle, police brought out a drug dog to sniff the car. Martin then admitted he had marijuana inside.

The court said the use of the dog didn't violate Martin's Fourth Amendment rights against unlawful searches and seizures. The court said the two-minute delay in bringing out the dog fell within the 8th Circuit's guidelines.

Get the Story:
Appeals court upholds traffic stop that led to drug conviction (AP 6/28)

Get the Decision:
United States v. Dale Joseph Martin (June 28, 2005)