Heard, considered, and decided by the court en banc.
Minnesota Statutes section 626.93 (2002), and cooperative agreements entered into in accordance with it, are not preempted by federal law.
Minnesota did not unlawfully cede jurisdiction to the White Earth Band of Chippewa Indians by granting the Band concurrent law enforcement authority.
The opinion of the court was delivered by: Blatz, Chief Justice.
Appellant Kristen Rae Manypenny was convicted of fourth-degree assault of a peace officer pursuant to Minn. Stat. § 609.2231, subd. 1 (2000), obstructing legal process pursuant to Minn. Stat. § 609.50, subds. 1(2), 2(2) (2000), and disorderly conduct pursuant to Minn. Stat. § 609.72, subd. 1(1) (2000). The convictions arose out of Manypenny's conduct and subsequent arrest by tribal Officer Chris Benson on the White Earth Reservation on April 29, 2001. Officer Benson was enforcing Minnesota criminal statutes on the reservation under an agreement entered into between the White Earth Band of Chippewa Indians*fn1 ("the Band") and Becker County.
Manypenny's appeal to the court of appeals sets forth one principal claim: that the evidence was insufficient to sustain her conviction for assaulting a peace officer. She based this claim on her assertion that the cooperative agreement between the Band and Becker County did not give Officer Benson authority to effectuate a valid arrest of a Band member on the White Earth Reservation because the state had not properly retroceded its jurisdiction to the federal government and therefore the state retained exclusive jurisdiction over criminal matters. State v. Manypenny, 662 N.W.2d 183, 187 (Minn. App. 2003). Manypenny maintained that the federal government had not granted the states the right to enter into cooperative agreements with Indian tribes to allow tribal peace officers to enforce criminal statutes on reservations. Id. at 187. Without such a grant of federal authority, Manypenny contended that the arrest was not "lawful" and that the elements of fourth-degree assault were not proven.*fn2 Id. at 186.
The court of appeals denied Manypenny's claim, holding that: (1) the state was not required to formally retrocede its jurisdiction in order to enter into cooperative agreements with tribal authorities to provide law enforcement services on Indian reservations, and therefore the evidence was sufficient because the arrest by Officer Benson was lawful; and (2) responding to an argument raised in a pro se brief, Manypenny failed to sustain her burden of demonstrating that the state's cooperative agreement with tribal police violated the state or federal constitutions. Id. at 188-89. It is from this decision that this appeal was brought. We affirm.
At the time of the arrest, Officer Benson was a licensed peace officer in accordance with Minn. Stat. § 626.845, subd. 1 (2002),*fn3 and employed by the White Earth Band. Minnesota Statutes § 626.93 (2002) recognizes the ability of tribes to enter into cooperative agreements with state law enforcement agencies when certain requirements are met:
Subd. 2. A tribe may exercise authority under subdivision 3 only if it satisfies the following requirements:
(1) the tribe agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of a law enforcement agency function conferred by section 626.84, subdivision 1, paragraph (h), to the same extent as a municipality under chapter 466, and the tribe further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from this liability;
(2) the tribe files with the board of peace officer standards and training a bond or certificate of insurance for liability coverage * * *;
(3) the tribe files with the board of peace officer standards and training a certificate of insurance for liability of its ...