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2012 Opinions Nevada Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagnv0106 and id is 1 raw text is: STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL
100 North Carson Street
Carson City, Nevada 89701-4717

CATHERINE CORTEZ MASTO
Attorney General

KEITH G. MUNRO
Assistant Attorney General
GREGORY M. SMITH
Chief of Staff

January 3, 2012

OPINION NO. 2012-01

LAW ENFORCEMENT; JURISDICTION;
TRIBAL RESERVATIONS: When the
State has jurisdiction over a crime
committed by an Indian off of a
reservation, who then flees onto a
reservation, a state peace officer may
give fresh pursuit wherever the suspect
goes within the State so long as the crime
is a felony or was committed in the
officer's presence.

Kenneth E. Mayer, Director
Nevada Department of Wildlife
1100 Valley Road
Reno, Nevada 89512
Dear Mr. Mayer:
This opinion addresses whether a peace officer, specifically a Nevada
Department of Wildlife game warden,1 may pursue an Indian suspect onto tribal land
while in fresh pursuit.
QUESTION ONE
May a Nevada Department of Wildlife game warden give fresh pursuit onto an
1 Game wardens are category 1 peace officers. NRS 289.280, NRS 289.460; NRS 289.470; and
NRS 601,375.
Telephone 775-684-1100 . Fax 775-684-1108 . www ag state.nv.us • E-mail aginfo@ag. state.nv. us