At least two other tribes plan to join the Rosebud Sioux Tribe in authorizing their police forces to get federal Bureau of Indian Affairs law enforcement commissions, according to Marty Jackley, U.S. Attorney for South Dakota.

The Rosebud Sioux Tribe police force has officers who carry Bureau of Indian Affairs special law enforcement commissions in addition to their tribal police commissions, Jackley said.

The federal law enforcement commissions are being cited by prosecutors in three federal criminal cases, those against Robert L. Erickson, Dominic C. Barrera and Clayton High Wolf.

Defense attorneys are seeking to suppress evidence in those cases because, they claim, the Rosebud police officers did not carry valid tribal police commissions or let their tribal commissions expire. Similar questions over tribal law enforcement commissions were cited in the dismissal of almost 300 cases in Rosebud Sioux Tribal courts.

Prosecutors in the federal cases argued that questions over the tribal police commissions aren't enough to suppress evidence.

But they also have said the tribal officers held separate federal law enforcement commissions through the Bureau of Indian Affairs.

Rosebud, as of now, is the only tribe in South Dakota that has in place BIA special law enforcement-commissioned officers, Jackley said.

The Sisseton-Wahpeton Sioux Tribe and the Oglala Sioux Tribe have taken steps toward authorizing their police forces to get the training and apply for the BIA special law enforcement commissions, Jackley said.

The Cheyenne River and Standing Rock Sioux tribes are discussing it, he said.

Jackley said he is not recommending the special law enforcement commissions.

"As U.S. Attorney, it's my responsibility to talk about the opportunities and concerns, but to leave it to tribal councils' sovereignty to decide whether it fits with their needs and public safety," he said.

One advantage of the BIA special law enforcement commission is it gives a tribal officer authority to arrest non-Native Americans accused of committing federal offenses on reservations, Jackley said.

Another advantage is that the BIA commission gives the tribe some protection from legal liability, because the federal government assumes more responsibility for the officer's actions if the officer is operating within the scope of his federal authority, he said.

Also, if an officer with a BIA special commission is assaulted, there are higher criminal penalties, he said. An assault on a federal officer with a dangerous weapon resulting in injury is a 20-year felony, as opposed to a 10-year felony, Jackley said.

One concern that tribes have expressed is loss of some control because of the special training and other requirements for the BIA commissions, Jackley said.

Oglala Sioux Tribe Vice President William "Shorty" Brewer said the tribe has moved toward authorizing its officers to get BIA commissions.

"I think we do need to get them certified," Brewer said.

Contact Steve Miller at 394-8417 or steve.miller@rapidcityjournal.com

What's next:

After hearing arguments in the Robert L. Erickson case last week in federal court in Pierre, U.S. Magistrate Judge Mark Moreno is expected to issue recommendations on defense motions to suppress evidence based on alleged problems with tribal police commissions.

Erickson is scheduled to go to trial May 20 before U.S. District Judge Karen Schreier on charges related to stabbings of three people in two separate incidents in Mission.