Subdivision 1. Definition. As used in this section, "band" means the Fond du Lac Band of Lake Superior Chippewa, a federally recognized Indian tribe organized pursuant to the Indian Reorganization Act of 1934, United States Code, title 25, section 476, and which occupies the Fond du Lac Reservation pursuant to the Treaty of LaPointe, 10 Stat. 1109.
Subd. 2. Law enforcement agency. (a) The band has the powers of a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of the law enforcement agency powers conferred by this section to the same extent as a municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or certificate of insurance for liability coverage with the maximum single occurrence amounts set forth in section 466.04 and an annual cap for all occurrences within a year of three times the single occurrence amount or establishes that liability coverage exists under the Federal Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution or establishes that liability coverage exists under the Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies.
(b) By July 1, 1998, the band shall enter into written mutual aid or cooperative agreements with the Carlton County sheriff, the St. Louis County sheriff, and the city of Cloquet under section 471.59 to define and regulate the provision of law enforcement services under this section. The agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Subd. 3. Concurrent jurisdiction. The band shall have concurrent jurisdictional authority under this section with the Carlton County and St. Louis County Sheriffs' Departments over crimes committed within the boundaries of the Fond du Lac Reservation as indicated by the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b), and any exhibits or attachments to those agreements.
Subd. 4. Peace officers. If the band complies with the requirements set forth in subdivision 2, the band is authorized to appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace officers employed by local units of government.
Subd. 5. Effect on federal law. Nothing in this section shall be construed to restrict the band's authority under federal law.
Subd. 6. Construction. This section is limited to law enforcement authority only, and nothing in this section shall affect any other jurisdictional relationships or disputes involving the band.
1998 c 367 art 11 s 21; 2000 c 411 s 5; 2005 c 10 art 2 s 4
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting
Section 626.04 — Property; Seizure, Keeping, And Disposal.
Section 626.06 — Jurisdiction To Issue.
Section 626.07 — Grounds For Issuance.
Section 626.08 — Probable Cause.
Section 626.085 — Search Warrant Required For Electronic Communication Information.
Section 626.09 — Examination Of Parties Making Request.
Section 626.10 — Affidavit; Content.
Section 626.11 — Issuance Of Warrant.
Section 626.12 — Applicants; Names On Warrant.
Section 626.13 — Service; Persons Making.
Section 626.14 — Time And Manner Of Service; No-knock Search Warrants.
Section 626.15 — Execution And Return Of Warrant; Time.
Section 626.16 — Delivery Of Copy Of Warrant And Receipt.
Section 626.17 — Return And Inventory.
Section 626.19 — Use Of Unmanned Aerial Vehicles.
Section 626.21 — Return Of Property And Suppression Of Evidence.
Section 626.22 — Maliciously Procuring Search Warrant; Misconduct In Use.
Section 626.52 — Suspicious Wounds; Reporting By Health Professionals.
Section 626.53 — Report By Telephone And Letter.
Section 626.54 — Application Of Sections 626.52 To 626.55.
Section 626.553 — Gunshot Wounds; Peace Officers, Discharging Firearms; Investigations; Reports.
Section 626.5531 — Reporting Of Crimes Motivated By Bias.
Section 626.5532 — Pursuit Of Fleeing Suspects By Peace Officers.
Section 626.5533 — Reporting Potential Welfare Fraud.
Section 626.5534 — Use Of Force Reporting.
Section 626.557 — Reporting Of Maltreatment Of Vulnerable Adults.
Section 626.5571 — Multidisciplinary Adult Protection Team.
Section 626.5572 — Definitions.
Section 626.5573 — Negligence Actions.
Section 626.65 — Uniform Act On Fresh Pursuit; Reciprocal.
Section 626.66 — Arrest; Hearing.
Section 626.67 — Construction Of Section 626.65.
Section 626.68 — State Includes District Of Columbia.
Section 626.69 — Fresh Pursuit.
Section 626.70 — Citation; Uniform Act On Fresh Pursuit.
Section 626.71 — Fresh Pursuit In Nonfelony Situations.
Section 626.72 — Peace Officers; Transportation For Law Enforcement Purposes.
Section 626.76 — Rules And Regulations; Aiding Other Officers; Exchange Programs.
Section 626.77 — Peace Officers From Adjoining States; Federal Law Enforcement Officers.
Section 626.84 — Definitions And Scope.
Section 626.841 — Board; Members.
Section 626.842 — Terms; Meetings; Compensation; Removal; Vacancies.
Section 626.843 — Rules, Standards; Executive Director.
Section 626.8431 — Automatic License Revocation.
Section 626.8432 — Revocation; Suspension; Denial.
Section 626.8433 — Eyewitness Identification Policies Required.
Section 626.8434 — Warrior-style Training Prohibited.
Section 626.8435 — Ensuring Police Excellence And Improving Community Relations Advisory Council.
Section 626.8442 — Policies On Sexual Assaults.
Section 626.845 — Powers And Duties.
Section 626.8451 — Training In Identifying And Responding To Certain Crimes.
Section 626.8452 — Deadly Force And Firearms Use; Policies And Instruction Required.
Section 626.8455 — Training In Community Policing.
Section 626.8456 — Training In Fire Scene Response And Arson Awareness.
Section 626.8457 — Professional Conduct Of Peace Officers.
Section 626.8458 — Vehicle Pursuits; Policies And Instruction Required.
Section 626.8459 — Post Board; Compliance Reviews Required.
Section 626.846 — Attendance, Forfeiture Of Position.
Section 626.8461 — Part-time Peace Officers; Policy.
Section 626.8463 — Part-time Peace Officers.
Section 626.8465 — Part-time Officers; Limitations.
Section 626.8466 — Reserve Officers.
Section 626.8468 — Part-time Peace Officers; Continued Employment.
Section 626.8469 — Training In Crisis Response, Conflict Management, And Cultural Diversity.
Section 626.847 — Compulsory Program; Exemptions.
Section 626.8471 — Avoiding Racial Profiling; Policies And Learning Objectives Required.
Section 626.8472 — Automated License Plate Reader Policy.
Section 626.8473 — Portable Recording Systems Adoption; Written Policy Required.
Section 626.8474 — Autism Training.
Section 626.8475 — Duty To Intercede And Report.
Section 626.8476 — Confidential Informants; Required Policy And Training.
Section 626.8477 — Mental Health And Health Records; Written Policy Required.
Section 626.848 — Training Courses, Locations.
Section 626.85 — Instructors; Donations.
Section 626.851 — Eligibility Of Officers.
Section 626.8515 — Certain Baccalaureate Degree Holders Eligible To Take Licensing Examination.
Section 626.8517 — Eligibility For Reciprocity Examination Based On Relevant Military Experience.
Section 626.852 — Tuition; Salary And Expenses.
Section 626.8555 — Peace Officer Education Programs.
Section 626.856 — School Of Law Enforcement.
Section 626.862 — Powers Of Law Enforcement Officers.
Section 626.863 — Unauthorized Practice.
Section 626.87 — Law Enforcement Background Investigations.
Section 626.88 — Uniforms; Peace Officers, Security Guards; Color.
Section 626.89 — Peace Officer Discipline Procedures Act.
Section 626.891 — Cooperation With Postsecondary Institutions.
Section 626.892 — Peace Officer Grievance Arbitration Selection Procedure.
Section 626.90 — Law Enforcement Authority; Mille Lacs Band Of Chippewa.
Section 626.91 — Law Enforcement Authority; Lower Sioux Indian Community Peace Officers.
Section 626.92 — Enforcement Authority; Fond Du Lac Band Of Lake Superior Chippewa.
Section 626.93 — Law Enforcement Authority; Tribal Peace Officers.
Section 626.94 — Conservation Law Enforcement Authority.
Section 626.9514 — Toll-free Telephone Number.
Section 626.9517 — Grant Program For Installation Of Video Cameras In Police Vehicles.