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Publishing Corner: Indian Community: Science & Wonder Indian Heros: California Indian Art: CALIE Library: Academic Financial Aid: Tribal Governments: Indian Gaming: |
Public Law 280: Tribal Rights and Jurisdiction, Soboba Law Suit
On June 9, 2017 Soboba Band of Luiseño Indian tribal attorney George Forman filed a law suit against the Riverside County Sheriff’s in the United States District Count, Central District of California. The main issues of the lawsuit are tribal rights, authority and jurisdiction. The legal action taken by the Soboba Tribal Council stems from the alleged illegal actions taken by the Riverside sheriffs during their investigation of a missing person (Jerome Salgado Jr.) from May 26-31, 2016. The Soboba lawsuit Introduction states: During the period of May 26-31, 2016, agents of the Riverside County Sheriff's Office invaded the Soboba Indian Reservation ("Soboba Reservation" or "Reservation") of the Soboba Band of Luiseño Indians ("Soboba Band" or "Band") to execute a search warrant that was issued based on false statements of an RSO deputy. Having trespassed on the Soboba Reservation to execute its unlawful warrant, the RSO then seized the Tribal Administration building, commandeered the Band's employees to download hundreds of hours of video surveillance from over 100 cameras, seized additional video surveillance footage outside the scope of the unlawful warrant, and searched a location on the Reservation without the Tribe's prior consent or lawful authority.” The complaint clearly defines the cooperation of the Council with the Sheriff’s missing persons investigation involving Jerome Salgado Jr., by providing access to security videos from both the tribal and casino surveillance camera. The complaint also states that the Tribal Council was never informed that the Sheriff’s “Missing Persons Investigation” had become a “Murder Investigation” until the Sheriffs served the Council with a search warrant. The law suit also alleges that the was search warrant was obtained illegally by the Sheriffs department by providing false information to the judge. In the complaint filed with the U.S. District Court the invasion of reservation is described as follows: In the predawn hours of Friday, May 27, 2016, a large, heavily armed force of RSO personnel, including SWAT officers and vehicles, a canine unit and a helicopter, entered the Soboba Reservation and presented two warrants, and proceeded to a private residence on Soboba Road to serve the first warrant. Subsequently, by 8:00 a.m., this same force seized and occupied the Soboba Band's Tribal Administration Building, barred persons with lawful business therein from entering the building, threatened to break down the door to the secured room in which the tribal government computer servers were located, threatened to remove the tribal government's computer servers from the Soboba Reservation for an indefinite time period, and continuously preempted the use of the tribal government's computer servers until almost noon on Monday, May 30th.” What is significant is that it will be 64-years on August 15, 2017 since Public Law 280 was forced upon the California Tribes in 1953. And the issue of jurisdiction is still at the forefront. The Soboba law suit is all about the protection of the tribes jurisdictional rights guaranteed by the Constitutional of the United States. Tribal Chairman Scott Cozart refused to provide any information to the Soboba Indian Reporter stating, “Since this is still in the court system I am in able to comment.” Hell, the court documents are public records and although it took a bit of time we were able to find them on the internet. And since it is still in the court system we forwarded a copy to the Soboba Tribal office. The Tribal Council members were totally offended by the “Jack-Boot Gestapo” tactics of the Riverside County Sheriff’s. The Soboba council and people of Soboba have been very supportive of the non-tribal community including the local law enforcement and Riverside County Sheriff’s Department. However, the Tribal Council will not allow anyone to exercise “Jack-Boot Gestapo” tactics on their people. The Soboba Tribal Council is absolutely spot-on in filing this law suit because of the flagrant disregarded of the sovereign rights of the Soboba Tribal Government by the Riverside County Sheriff’s. Riverside County Sheriff, Mr. Stan Sniff made his position on Tribal Rights very clear. Maybe it’s time for the Riverside County Board of Supervisors to re-evaluate the human rights values of Sheriff Sniff. +++++ WE WELCOME YOUR NEWS & STORY IDEAS FOR PUBLICATION: MAILING & CONTACT INFORMATION:
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