[Adopted 9-1-2011 by Ord. No. 11-24]
The Menominee Conservation Department and its wardens may execute
and serve warrants and processes issued under Menominee tribal law
in the same manner as any Menominee Tribal Law Enforcement Officer
may serve and execute the process; and may arrest, with or without
a warrant, any person detected in the actual violation, or whom the
officer has probable cause to believe is guilty of a violation of
any of the laws cited by tribal law where conservation is listed as
the enforcing agents, whether the violation is punishable by criminal
penalties or by forfeiture, and may take the person before Menominee
Tribal Court, where the offense was committed and make a proper complaint.
For the purpose of enforcing any of the laws cited by tribal law where
Conservation is listed as the enforcing agent, any conservation officer
may stop and board any boat and stop any vehicle if the officer reasonably
suspects there is a violation of those laws, codes or ordinances.
The Menominee Conservation Department and any of its wardens
may execute and serve warrants and processes issued for violations
of archeological and/or cultural resource laws occurring on the bed
of any stream or lake, or land within the exterior boundaries of the
Menominee Indian Reservation in the same manner as any law enforcement
officer may serve and execute the process; and may arrest a person,
with or without a warrant, who is detected committing such a violation,
or whom the warden has probable cause to believe is guilty of a violation
of any archeological and/or cultural resource law, and may take the
person before the Menominee Tribal Court and make proper complaint.
For the purpose of enforcing any archeological and/or cultural resource
law, any warden may stop and board any boat and stop any vehicle if
the warden reasonably suspects that there is a violation.
The Menominee Tribal Conservation Department and its wardens
may execute and serve warrants and processes issued for violations
of Menominee Tribal Ordinance No. 99-01 (Conservation Code)[1] that occur within the exterior boundaries of the Menominee
Indian Reservation; and may arrest a person, with or without a warrant,
who is detected committing such a violation, or whom the warden has
probable cause to believe is guilty of such a violation, and may take
the person before the Menominee Tribal Court and make proper complaint.
For the purpose of enforcing the Tribe's Conservation Code, any warden
may stop and board any boat and may stop any vehicle if the warden
reasonably suspects there is a violation of the Conservation Code.
In addition to the arrest powers, a warden who has completed
a program of law enforcement training and has been certified as qualified
to be a law enforcement officer and has complied with any applicable
requirements while on duty and in uniform or on duty and upon display
of proper credentials may assist another law enforcement agency, including
making an arrest at the request of the agency, may arrest a person
pursuant to an arrest warrant concerning the commission of a felony
or may arrest a person who has committed a crime in the presence of
the warden. If the warden makes an arrest without the presence of
another law enforcement agency, the warden shall cause the person
arrested to be delivered to the chief of police or sheriff in the
jurisdiction where the arrest is made, along with the documents and
reports pertaining to the arrest. The warden shall be available as
a witness for any tribal, state, or federal court system.
In executing search warrants and subpoenas where the penalty
for the violation is forfeiture, the Department shall use procedures
which comply with Menominee Tribal laws, codes, and ordinances.
A warden may kill a dog found chasing wildlife, causing injury
to wildlife, or killing any wildlife referenced in Menominee Tribal
Ordinance No. 99-01 (Conservation Code).[1] A warden may also kill a dog found running if immediate
action is necessary to protect wildlife habitat or wildlife from injury
or death.
