10/31/2024
Rebuttal to Shannon Buhl's Article on UKB Jurisdiction and Public Safety
As a UKB tribal police officer with 23 years of experience in various law enforcement roles and both CLEET and federal certifications, I, Jarrod Brown, feel compelled to respond to Shannon Buhl’s concerns about the UKB’s role in law enforcement within the Cherokee Nation Reservation.
Historical Context and Legal Standing
UKB’s recognition in 1950 is often misunderstood. Our roots go much deeper, predating both the Cherokee Nation of 1839 and 1976. The Treaty of 1828, signed with the Western Cherokees in Arkansas, guaranteed 7 million acres to the Western Cherokees, who later became known as the Old Settlers. This treaty was distinct from the Cherokee Nation of 1827, which was still based in the east. When the Western and Eastern Cherokees unified, the government of the Western Cherokees continued underground as the Keetoowah Society, adopting a constitution in 1859. We sought federal recognition multiple times, culminating in success in 1950.
Certified Law Enforcement and Public Safety
I can attest to the legitimacy of the UKB Lighthorse Police. We are a CLEET-certified police force, which is publicly accessible on the CLEET website. We also have Cross-Deputization with the Bureau of Indian Affairs (BIA), further legitimizing our role. The UKB operates its own court system, collaborating with the federal judiciary to ensure a comprehensive legal framework.
Jurisdictional Authority and Sovereignty
It is crucial to emphasize that the UKB, as a sovereign nation, does not require permission from the Cherokee Nation of Oklahoma (CNO) or any state entity to exercise our sovereignty. Our sovereignty is acknowledged and upheld by federal law. The only entity with the authority to decide our jurisdiction within the Cherokee Reservation is the U.S. Department of Interior. The UKB possesses multiple properties across the reservation and has the right to police these properties.
Considering the McGirt decision (McGirt vs Oklahoma), which reinforced tribal sovereignty, we operate in good faith as successors in interest. Our authority to police our properties and uphold public safety within our jurisdiction is a right conferred by our sovereign status and recognized federal agreements.
Public Safety Concerns and Misconceptions
The denial of the UKB's authority as police officers creates significant public safety issues. When people are led to believe that UKB officers are not legitimate law enforcement, it undermines our ability to maintain order and protect the community. This false notion jeopardizes public trust and creates dangerous situations where citizens may not comply with law enforcement directives, leading to potential conflicts and safety hazards. The reality is that UKB officers are fully certified and equipped to perform their duties, and this should be recognized and respected by all parties involved.
Operational Flexibility and Cooperation
Even if it is ultimately determined that the UKB does not have jurisdiction over the entire reservation, as a certified Oklahoma police department, we still have the authority to operate outside our "jurisdiction" under certain circumstances. This includes traveling between UKB properties, responding to crimes committed in our presence, or assisting other law enforcement agencies through mutual aid requests. Our officers are equipped to act in various situations to maintain public safety and ensure a swift response to threats.
Case Law and Officer Authority
Oklahoma law supports the right of police officers to act outside their jurisdiction under specific conditions. An officer can arrest or detain a suspect if they are in "fresh pursuit" of a crime committed within their jurisdiction, witness a crime occurring outside their jurisdiction, or have a valid warrant. These provisions ensure public safety is maintained and justice is upheld, regardless of jurisdictional boundaries.
Collaborative Efforts and Mutual Respect
It is essential to recognize the need for cooperation rather than exclusion. The UKB should be acknowledged as a legitimate law enforcement entity, and dialogue should be encouraged to establish clear protocols and mutual agreements. Both the UKB and the Cherokee Naton of Oklahoma (CNO) have a shared responsibility to ensure public safety and maintain trust within their communities.
Moving Forward
The Keetoowah Cherokees have a long-standing history and a rightful claim to our sovereignty. By acknowledging each other’s legal and historical standing, the CNO and the UKB can work together to enhance public safety and foster a community built on mutual respect and cooperation.
In conclusion, while Shannon Buhl raises important points about public safety and legal jurisdiction, it is essential to recognize the historical depth, legal legitimacy, and practical role of the UKB in law enforcement. Denying our authority not only undermines public safety but also fosters unnecessary conflict. Through cooperation and mutual respect, both the CNO and the UKB can navigate these challenges for the benefit of all citizens.
