Arrests

Arrests with a Warrant

The criminal legal process begins when a suspect is either arrested or charged with a crime. These two things don’t always happen at the same time.

Every Menominee Tribal Court judge can issue a warrant for someone’s arrest once a law enforcement officer has shown probable cause in a sworn statement. The warrant will be denied if a judge finds that there is no probable cause to believe that the offense charged has been committed by the person named in the sworn statement. At a hearing on a pre-trial motion to dismiss or at trial, lack of probable cause for the warrant is a reason a judge could dismiss the entire case. Always ask for the officer’s sworn statement that the warrant is based on when you are preparing your defense. This is called “looking behind the warrant.” See our articles on Pre-Trial Discovery, Motions, and Subpoenas for more information.

Probable Cause is a reasonable belief that a crime is in progress or has been committed based on the circumstances and supported by trustworthy information. Reasonable belief is more than a gut-feeling or a hunch. Reasonable belief must be connected to the underlying circumstances and looked at in the context of the situation. There must be trustworthy information that supports the reasonable belief. Some examples of trustworthy information are:

Personal observations of law enforcement
Physical evidence
Information from reliable informants.

To be valid, the arrest warrant must have this information:

Name or description and address, if known, of person to be arrested
Date warrant was issued
Description of alleged offense
Signature of issuing judge

If any of the required information is missing, the warrant is not valid. The case could be dismissed at a pre-trial hearing or at trial if the warrant isn’t valid. Always ask for a copy of the warrant when preparing your defense.

When someone is arrested on the Menominee Reservation, law enforcement must inform them they have these rights:

The right to remain silent
That any statements made by the person may be used against them in court
That the person arrested has a right to counsel at their own expense

Arrests Without a Warrant

Arrests without a warrant usually happen after a search. Law enforcement can conduct searches with or without a warrant.

Last updated on October 09, 2025.

Arrests Criminal Tribal Court Native American Issues & Tribal Law