Statutes | Mashantucket Pequot Tribal Law Title 2, Chapter 1 ยง 18 | 2021
a. Search and seizure warrants shall be in writing and signed by the issuing judge.
b. Search and seizure warrants shall be issued only upon application by the tribal police after approval by the tribal prosecutor. Applications for a search and seizure warrant shall contain a showing of probable cause. Probable cause shall be shown by a written or oral statement made by a person under oath or affirmation and submitted to a judge. The requisite showing for probable cause shall include a specific showing that the property sought to be searched for and seized includes any documents, books, papers, or other tangible items which were or are being:
(1) obtained in violation of tribal law or
(2) obtained in violation of a law of any other jurisdiction or
(3) possessed, controlled, designed, or intended for use with an offense, which have been used in connection with any offense or
(4) which constitute evidence of an offense.
c. Search and seizure warrants shall describe with particularity the area, vehicle or person to be searched and the property to be seized. Search and seizure warrants shall direct the tribal police to search for and to seize evidence within the described area, vehicle or person.
d. The tribal police serving search and seizure warrants shall utilize only the degree of force necessary to effectuate the seizure of evidence and to ensure the safety of the tribal police and the public.
e. The tribal police officer serving search and seizure warrants shall also endorse upon the copy of the warrant served the serving officers name, title and the place, date and time of service. The tribal police shall return a copy of the served warrant to the court clerk stating the name of the case, if applicable, and the name of the person served and the place, date and time of service. The tribal police officer serving the warrant shall subscribe his or her name on the return copy.
f. Search warrants shall be executed during daylight hours unless the underlying application sets forth circumstances which establish good cause for execution at any other time.
g. All search warrants shall be executed within 14 days of issuance if not executed during that period, the warrant is void and may not be executed without a new application being filed with the tribal court.
h. The tribal police serving and executing search and seizure warrants shall make an inventory of all seized property. The tribal police shall leave a copy of the inventory with persons from whom property is seized. The tribal police shall file a copy of the inventory with the court clerk within seven days of execution.
i. Within 14 days of the execution of search and seizure warrants, the tribal court shall, upon request of a purported owner of seized property, hold a hearing to determine the disposition of any property seized from said owner. Whenever practical, the judge that issued the search and seizure warrant shall be assigned to the disposition hearing.
j. At a disposition hearing, judges may dispose of seized property as follows:
(1) Upon satisfactory proof of ownership the seized property shall be delivered by the tribal police immediately to the legal owner, unless the property is contraband, is to be used as evidence in a pending case, or was used in connection with the commission of an offense
(2) Property confiscated as contraband shall be destroyed or otherwise disposed of as ordered by the tribal court
(3) Except as provided herein, property seized as evidence in a pending case shall be returned to the owner after judgment in that case
(4) Except as provided herein, property seized which has been used in connection with the commission of an offense shall be disposed of as ordered by the tribal court
(5) In those situations where seized property is retained as evidence or was used in connection with the commission of an offense, a non-defendant purported property owner may apply to the tribal court for return of the property pursuant to the provisions of this Law and
(6) If a non-defendant purported property owner satisfactorily demonstrates proof of ownership of the property, and further demonstrates that continued denial of use or possession of the seized property would result in demonstrable harm, the tribal court may order the return of the seized property provided that a suitable alternative such as photography and/or other documentation may be substituted for evidential purposes in future proceedings. In such situation, a defendant in a matter where evidence of the seized property is relevant, shall be given notice and an opportunity to object to the release of and substitution of such property. The tribal court, upon receiving notice of such an objection, shall then schedule a hearing to determine if any demonstrable and credible prejudice results from the release of and substitution for such property. The burden to establish such prejudice by clear and convincing evidence shall be on the defendant. If the defendant fails to establish this burden, the property may be returned to its owner consistent with the Rules of Evidence to be developed by the tribal court.
k. Judges are authorized to prohibit the introduction or use at trial of any evidence seized in violation of this Law. Persons alleging that they have been aggrieved by an unlawful search and seizure, and having reasonable grounds to believe that the evidence obtained may be used against him or her in a criminal proceeding, may apply to the tribal court for an order suppressing the tribal prosecutors use of such evidence. The form and time for such motion shall be prescribed by the tribal court.
l. Search and seizure cases decided under federal or state law may guide but shall not control the decisions of the tribal court when considering the validity of a search and seizure warrant or the admissibility of evidence at trial.