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The Sault Ste. Marie Tribe of Chippewa Indians Board of Directors passed two resolutions on Oct. 13 to amend Tribal Code Chapter 70: Criminal Procedure providing more protections for defendants and Law Enforcement. There is a lot of misinformation surrounding these changes. Here is what Tribal Code Chapter 70 pertains to and what these changes will accomplish:

Tribal Code Chapter 70: Criminal Procedure
Chapter 70 establishes the procedures for criminal cases in Tribal Court. These procedures apply to all criminal proceedings unless different procedures are established elsewhere in Tribal Code.

The chapter outlines the criminal justice process from start to finish, including when an arrest can be made, trial procedures, and how individuals may be sentenced following a conviction. It also establishes the rights and protections of individuals accused of violating criminal law, as well as the rules law enforcement officers, attorneys, and judges must follow.

The two sections that the board voted to amend are Section 70.104(2)(d) and Section 70.106.

Section 70.104 Arrest
§70.104 has been updated to remove an obsolete subsection that could have caused confusion when making an arrest. The amendment clarifies and modernizes arrest provisions, removes outdated statutory references, and establishes consistent probable cause terminology without weakening protections for victims or compromising community safety.

The board voted to remove §70.104(2)(d), which stated: “The officer has reasonable cause to believe that a violation of §71.114 or §71.115, being assault or threats of endangerment respectively, has taken place or is taking place and that the person who committed or is committing the violation is a spouse, a former spouse, or a person residing or having resided in the same household as the victim, may arrest the violator without a warrant for that violation, irrespective of whether the violation was committed in the presence of the officer.”

Generally, Law Enforcement cannot make an arrest for a misdemeanor unless the offense occurred in the officer’s presence. This subsection allowed officers to make an arrest if there was reasonable cause to believe §71.114 or §71.115 had been violated, even if the offense occurred outside their presence. However, these provisions referenced sections of criminal code that no longer exist. The amendment removes those outdated references.

Domestic violence is defined in part by the relationship between two individuals. The previous language in §70.104(2)(d) permitted an arrest involving “a person residing or having resided in the same household as the victim.” This included individuals, such as roommates, who do not meet the current relationship standards under Chapter 71 or federal domestic violence law.

Tribal citizens are no less safe following the repeal of §70.104(2)(d). Law enforcement retains full authority under §70.104(2)(c) to make lawful warrantless arrests in domestic violence cases, even if they do not occur in the officer’s presence.

Section 70.106: Notification of Miranda Rights
§70.106 now includes a provision requiring law enforcement to advise individuals of their Miranda Rights. Prior to the amendment, nowhere in Chapter 70 were individuals granted their Miranda Rights protections, nor did law enforcement have to advise individuals of such rights. Instead, law enforcement had to advise individuals when they were being arrested you can stay silent, your statements can be used against you, and you can hire your own attorney.

The board has made it clear in the amended code revision that individuals are not only afforded their Miranda Rights, but law enforcement must advise individuals of their rights upon a custodial interrogation and that legal representation will be provided if an individual cannot afford representation. The amendment to the code brings Tribal Code into compliance with applicable state and federal law.

Why are we updating Tribal Code?
Updating Tribal Code is a serious undertaking by Sault Tribe Legal to protect the rights of tribal citizens. Maintaining an up-to-date and concise Tribal Code allows for the legal procedure to operate fairly and equally for all tribal citizens.

“The board of directors amendments to the Tribal Code provide more clarity for Sault Tribe Law Enforcement to better serve and protect the tribal community,” said Sault Tribe Law Enforcement Police Chief Robert Marchand. “It’s important that our laws are clear, consistent and reflect the needs of our community. These updates help us do our jobs effectively and maintain public safety.”

The Sault Tribe reminds citizens to be wary of information on social media and the spread of misinformation.