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The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The Court based its decision on the uncommonly applied second exception set forth in Montana v. United States, 450 U.S. 544 (1981), which provides a basis for tribal jurisdiction over non-members on non-Indian land within a reservation where the conduct of the non-member threatens the health and safety of the tribe and its members. The Court concluded that denying a tribal police officer the authority to temporarily detain and search non-Indians the tribal officer believes may commit or has committed a crime threatens the health or welfare of the Indian tribe, thus Indian tribes possesses the inherent authority to do so. 

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