Statutes | Colorado River Tribe, Domestic and Family Violence Code Chapter 4 ยง1-405 | 2019

An Officer shall arrest if there is probable cause to believe the person to be arrested has committed an offense, as defined by this Article IV, even though the arrest may be against the expressed wishes of the victim.   
 
An Officer shall arrest and take into custody an alleged perpetrator pursuant to this Article IV: 
 
(1) If any arrest warrant has been issued, or without a warrant if the offense occurs in the presence of the Officer or if the Officer has probable cause to believe that the person to be arrested has committed an offense under this Article IV, without regard to any other requirements imposed by the Colorado River Indian Tribes Tribal Code.
(2) If the Officer has probable cause to believe the alleged perpetrator has violated a protection order if the existence of the protection order can be verified by the Officer. A perpetrator violates a protection order regardless of whether or not the perpetrator had actual knowledge of the protection order, whether or not the victim initiated the contact with the perpetrator or invited the perpetrator back into contact with the victim or into the victims home.
(3) If a Judge issues a telephonic arrest warrant. Any judge of the Colorado River Indian Tribal Court may issue a telephonic arrest and/or search warrant during nonbusiness hours under the following circumstances:
                        (A) A telephonic arrest warrant must be based upon probable cause, supported by oath, and particularly describing the place to be searched and/or the person or thing to be seized,
                        (B) The Officer must have probable cause to believe the alleged perpetrator has committed an offense listed in Chapter 3 of this Code,
                        (C) The Officer shall complete a probable cause form. The probable cause form shall describe the facts and details to support probable cause,
                        (D) The Officer shall complete the arrest and/or search warrant and must therein describe the place to be searched and/or the person or thing to be seized.
                        (E) When the Officer has completed both the probable cause form and the arrest &ndash search warrant, the Officer may contact a judge of the Colorado River Indian Tribal Court by telephone,
                        (F) The Judge shall administer the oath to the Officer,
                        (G) The Judge shall have the Officer read the completed probable cause form and the arrest &ndash search warrant to the judge,
                        (H) If probable cause is found by the Judge, the Judge may authorize the Officer to sign the arrest warrant on the Judges behalf, and
                        (I) When the arrest and/or search warrant is executed, a copy of the probable cause form and the arrest and/or search warrant shall be filed with the Court as an attachment to the criminal complaint.
(4) If there was the use of or threatened use of a dangerous instrument or deadly weapon.
Whenever the conditions for arrest as set forth in this Section 1-405 are present, the Officer shall arrest the alleged perpetrator whether or not the alleged victim signs a complaint and whether or not the arrest is against the expressed wishes of the alleged victim. The Officer shall obtain all relevant evidence at the time of the arrest to support probable cause all evidence obtained at the time of the arrest can be used for all proceedings under this Title.