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State v. Cummings4/21/2004
Nicholas Cummings, the Defendant, is a member of the Oglala Sioux Tribe and he resides on the Tribe's Pine Ridge Reservation. The reservation is in Shannon County. Fall River County adjoins Shannon County. On March 4, 2003, Deputy Sheriff Steven McMillin was traveling west when he observed Cummings traveling east on US Highway 18 in Fall River County. Cummings was traveling 71 miles per hour in a 65 mile per hour zone. The deputy turned his vehicle around and began following Cummings. While still in Fall River County, the deputy observed the vehicle cross the yellow line. The deputy activated his lights and Cummings increased his speed to 90 miles per hour. The deputy gave chase. At the time the chase commenced, the vehicles were approximately two miles from the border of Shannon County and the reservation. The deputy pursued Cummings onto the reservation. Once he crossed onto the reservation, Cummings began to slow down and he stopped approximately one mile within the border.
. The deputy exited his car, weapon drawn. He placed Defendant on his knees, handcuffed him, and brought him to the front of the patrol car. Once the deputy confirmed Cummings' identification, he removed the handcuffs. The deputy's recorder in his cruiser captured a conversation between the deputy and Defendant wherein Defendant stated that he had been drinking.
. The deputy did not have a warrant to enter the reservation, and he failed to request permission from tribal authorities to enter the reservation. He did, however, advise authorities, through his dispatcher, that he was in pursuit and would be crossing onto the reservation. The Defendant was charged in state court with speeding and eluding.
. After hearing arguments and taking testimony on Defendant's motion to suppress, the magistrate held that State v. Spotted Horse, 462 NW2d 463 (SD 1990) required suppression of all evidence the officer obtained after he entered the reservation. Everything the officer observed before the Defendant went on the reservation was held admissible. The State appeals raising one issue:
Whether a state officer in fresh pursuit for a traffic violation may pursue a tribal member onto his reservation and gather evidence from the driver when the alleged crimes were committed off the reservation.
We affirm.
STANDARD OF REVIEW
. We review a trial court's grant or denial of a motion to suppress under the abuse of discretion standard. State v. Engesser, 2003 SD 47, , 661 NW2d 739, 746 (additional citation omitted). The trial court's findings of fact are reviewed under the clearly erroneous standard of review, but the application of a legal standard to those facts is a question of law, which we review de novo. State v. Hodges, 2001 SD 93, , 631 NW2d 206, 209.
. Whether a state officer in fresh pursuit for a traffic violation may pursue a tribal member onto his reservation and gather evidence from the driver when the alleged crimes were committed off the reservation.
. In State v. Spotted Horse, we faced a similar factual scenario. Spotted Horse, an enrolled member of the Standing Rock Sioux Tribe, who resided on the reservation, was observed driving a vehicle that did not display valid license plate stickers. Spotted Horse, 462 NW2d at 464. A Mobridge city police officer attempted to stop Spotted Horse while still in Mobridge. He gave chase and after a high speed pursuit, Spotted Horse finally came to a stop in his own driveway at his home on the reservation. After a violent scuffle, Spotted Horse was arrested and taken back to Mobridge. Id. On the way back to Mobridge, the officer smelled alcohol. The officer administered a field sobriety test at the police station,
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