are required to comply with both the
Constitution of the United States and the Indian Civil Rights Act in
making arrests and in conducting search and seizures.
9. Courts of Indian offenses shall not enforce any tribal resolution or ordinance which is in conflict with any of the foregoing provisions. ... [67]
9. Courts of Indian offenses shall not enforce any tribal resolution or ordinance which is in conflict with any of the foregoing provisions. ... [67]
Eleven days later, Roger A. Jourdain, the Chairman of the Red Lake Band of Chippewa Indians, responded with a memorandum to the Bureau of Indian Affairs personnel, stating:
You
are hereby directed to withdraw your order to B.I.A. personnel
enforcing the Hazel Elbert memorandum. Failure to do so
constitutes a crime against the Red Lake Band of Chippewas. ...
....
... if personnel of the Red Lake B.I.A. Agency choose to arbitrarily enforce the memorandum of Hazel Elbert in the Red Lake Court of Indian Offenses, the Red Lake Tribal Council, as the duly elected government of the Red Lake Band of Chippewa Indians, has no alternative but to order the removal of all individuals who enforce said memorandum. [68]
....
... if personnel of the Red Lake B.I.A. Agency choose to arbitrarily enforce the memorandum of Hazel Elbert in the Red Lake Court of Indian Offenses, the Red Lake Tribal Council, as the duly elected government of the Red Lake Band of Chippewa Indians, has no alternative but to order the removal of all individuals who enforce said memorandum. [68]
__________
[67] Id. (emphasis added).
[68] Red Lake Band of Chippewa Indians Memorandum From Roger A. Jourdain, Chairman, to Rex Mayotte, Superintendent, Rob Moran, Agency Special Officer, and Earl Barlow, Area Director (Nov. 23, 1985).
