Cabazon Band of Mission Indians v. Smith
Opinion
Lead Opinion
Nelson, J.
Opinion by Judge T.G. NELSON; Dissent by Judge W.D. BROWNING
The Cabazon Band of Mission Indians (the “Tribe”) appeals the district court’s order granting summary judgment to ap-pellees, officials of the Riverside County, California, Sheriffs Department (the “Sheriff’), in the Tribe’s suit challenging the application of certain provisions of the California Vehicle Code to tribal police vehicles traveling on public highways located off the reservation. We affirm.
I.
The essential facts of this case are undisputed. The Cabazon Indian Reservation is located in Southern California. The Tribe has a Public Safety Department which provides law enforcement services on the reservation. Armed and uniformed Cabazon public safety officers drive dark blue vehicles marked on the sides and the rear with the words “Tribal Law Enforcement” and with the name “Cabazon” marked on the sides.
The reservation consists of three non-contiguous parcels of land. Because of physical and geographical barriers, it is not possible to drive between the different parcels without leaving the reservation. Consequently, the Public Safety Department’s vehicles must drive on sections of public highways located off…
Dissenting Opinion
Browning, J.
dissenting:
I respectfully dissent.
I.
The Cabazon Indian Reservation is located in Southern California, but because of the vagaries of geography and history, is not contiguous. Rather, it is divided into four different sections, which requires *1111 one to travel on either state and county maintained roads or Interstate 10 to get from one section to another.
On several occasions before the commencement of this suit, the Riverside County Sheriff stopped Cabazon Tribal Police, driving in official vehicles on public highways, and cited the officers for displaying emergency light bars. In one instance, the Tribal officer was on his way to a situation in another part of the reservation in which an individual died. Because of the continued enforcement against the Tribal police by the Sheriffs department, the Tribe’s Director of Public Safety first ordered the light bars covered when off-reservation, then removed because of problems with covering the lights. The director maintains that operating the public safety vehicles without light bars, or with covered light bars, threatens the safety of his officers and comprises their ability to perform their duties.