Nevada Revised Statutes 289.152 – Persons employed as police officers by Indian tribe
1. In accordance with the provisions of NRS 41.430 and 194.040, a person employed as a police officer by an Indian tribe may exercise the powers of a peace officer.
Terms Used In Nevada Revised Statutes 289.152
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:
(a) Has a duty to enforce the law; and
(b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to Nevada Revised Statutes 289.010
- Peace officer: means any person upon whom some or all of the powers of a peace officer are conferred pursuant to Nevada Revised Statutes 289.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. Before any officer pursuant to subsection 1 shall exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers’ Standards and Training Commission.
3. The authority of an officer pursuant to subsection 1 to exercise the powers of a peace officer is limited to the boundaries of the Indian reservation or Indian colony, unless a county sheriff and the Indian tribe, in consultation, execute a written agreement. Such an agreement must include, without limitation:
(a) The respective rights and responsibilities of the county sheriff, the Indian tribe and any law enforcement agency pursuant to subsection 4; and
(b) The authority of the officer to act within the geographic boundaries of the county.
4. The county sheriff shall have jurisdiction and authority to execute a written agreement with an Indian tribe pursuant to subsection 3 on behalf of all law enforcement agencies who have authority to act within the geographic boundaries of the county, and such an agreement shall unilaterally bind all such law enforcement agencies to the terms of the written agreement.
5. For the purpose of this section, a law enforcement agency pursuant to subsection 4:
(a) Is deemed to have consented to:
(1) The jurisdiction and authority of the county sheriff to execute a written agreement pursuant to subsection 3 on behalf of the law enforcement agency; and
(2) All of the terms of the written agreement executed pursuant to subsection 3; and
(b) Shall not independently execute a written agreement with an Indian tribe for any purpose set forth in this section.
6. Nothing in this section impairs or affects the existing status and sovereignty of an Indian tribe as established under the laws of the United States.
7. As used in this section:
(a) ’Category I peace officer’ has the meaning ascribed to it in NRS 289.460.
(b) ’Indian tribe’ means any tribe, band, nation or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to native Indians because of their status as native Indians and has executed a written agreement with the Peace Officers’ Standards and Training Commission.
(c) ’Law enforcement agency’ means a metropolitan police department or the police department of an incorporated city.
(d) ’Written agreement’ includes, without limitation, an interlocal agreement or memorandum of understanding executed between a county sheriff and an Indian tribe.