UNITED STATES v. COOLEY (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellant, v. Joshua James COOLEY, Defendant-Appellee.

No. 17-30022

Decided: July 14, 2021

Before: BERZON, THACKER,* and HURWITZ, Circuit Judges.

Lori Anne Harper Suek, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellant. Eric R. Henkel, Attorney, Christian, Samson & Baskett, PLLC, Missoula, MT, John Rhodes, Esquire, Assistant Federal Public Defender, FDMT - Federal Defenders of Montana, Missoula, MT, for Defendant-Appellee.

ORDER

The Supreme Court reversed our judgment in this case and remanded to this Court for further proceedings. United States v. Cooley, ––– U.S. ––––, 141 S. Ct. 1638, ––– L.Ed.2d –––– (2021). The District Court did not decide the following question: If—as the Supreme Court held—the tribal officer otherwise possessed the relevant authority, “whether the officer had probable cause for a search or arrest, or reasonable suspicion for an investigatory detention.” United States v. Cooley, 919 F.3d 1135, 1145 (9th Cir. 2019). Accordingly, the case is hereby REMANDED to the District Court to address that question. See id. (“We rely on Fourth Amendment jurisprudence to analyze the validity of a search or seizure under [the Indian Civil Rights Act].”) (citing United States v. Becerra-Garcia, 397 F.3d 1167, 1171 (9th Cir. 2005)).

IT IS SO ORDERED.

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