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We also have been told that the presence of the maximums has resulted buffalo bills helmet crocband clog in the tribal courts circumventing the limitations in imaginative, although questionable, ways.

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have also had an obvious effect on tribal court procedures. While it was not uncommon for search warrants to be used by tribal and BIA police in the past, section 1302 of the ICRA buffalo bills helmet crocband clog clearly requires that tribal judges alone must authorize search warrants and that those warrants must be very precise in their terms. This has required tribal police and judges to be more careful and formal, and to reflect the general American approach in this area. Congress has had occasion to reconsider the ICRA and has chosen not to expand the jurisdiction of the federal court system beyond the writ of habeas corpus. The court concluded that the governor of the tribe, as the petitioner, did not personally benefit from the tribe’s immunity.

Justice Marshall went on to consider the argument that civil remedies were authorized implicitly under the Act. The intrusive nature of the Indian Civil Rights Acthas been ameliorated somewhat by the decision of the United States Supreme Court in Santa Clara Pueblo v. Martinez, 436 U.S. 49 . The court was faced with the difficult choice of upholding tribal sovereignty or striking down a provision in a tribal ordinance somewhat similar to the former subsection 12 of the Indian Act in Canada. As a matter of principle, it would seem quite in order not to have unduly low maximum sentences apply only to tribal courts, provided that there are sufficient safeguards to protect the rights of an individual to a fair and thorough hearing before an impartial, adequately trained judge and a properly resourced tribunal, as well as a process of appeal to enable an accused to have his or her case reviewed.