Statutes | Makah Tribal Law and Order Code Title 11 Chapter 8 ยง 11.8.02 | 2020
MLOC 11.1.04 (e) (1) (MLOC Title 5)
MLOC 11.1.04 (e) (2) (Major Crimes Act), or
MLOC 11,1,04 (e) (3) (Physical harm, etc.)
a. Mandatory Arrest: An NBPD officer who has probable cause to believe that a person has committed an act of domestic violence, as defined under MLOC 11.1.04 (e) (1), (2), or (3), shall effect an arrest, although an arrest may be
contrary to the expressed wishes of the victim. The officer shall not employ the citation in lieu of detention procedure under MLOC Title 2, Chapter 3.
b. 48-Hour Rule: An NBPD officer who has probable cause to believe that a person has committed an act of domestic violence, as defined under MLOC 11.1.04 (e) (1), (2), or (3) within the past forty-eight hours may arrest warrant, although the act was committed outside the officers presence.
c. Cross-Complaints of Domestic Violence: If an NBPD officer receives cross-complaints of domestic violence from opposing parties, the officer shall arrest the primary aggressor. In determining who was the primary aggressor, the officer shall consider:
- The intent under MLOC 11.1.02 to protect victims of domestic violence.
- The history of domestic violence between the parties involved.
- The comparative demeanor and physical size of the parties involved and the relative severity of the injuries inflicted or threats made by each party.
- The likelihood of future injuries to each party.
- Whether one party acted in self-defense or in defense of another.
- The officers experience in handling domestic violence cases.
If the officer determines that one person was the primary aggressor, absent extraordinary circumstances, the officer shall not arrest any other person, although the officer may have probable cause to believe that such other person struck first or caused physical injury. In no event shall an officer arrest or threaten to arrest all parties in order to discourage future requests for intervention by law enforcement.