§ 4-805 Emergency relief.
A. In the event a Peace Officer determines that immediate injury, loss, or damage will likely result before the Tribal Court may issue an order, a Tribal Peace Officer may exercise any of the following powers reasonably necessary under the circumstances:
1. Order the removal or exclusion of any person(s) from any meeting, event, gathering, tribal property and/or the casino.
2. Restrain, suspend, or separate any person(s) engaging in or likely to engage in conduct in violation of this chapter.
3. Seize any property used in the commission of a violation of this chapter.
4. Coordinate or call upon state, federal or tribal law enforcement.
B. During the course of an investigation, a Tribal Peace Officer or attorney on the Tribe’s behalf may request the Tribal Court to issue an emergency ex parte order necessary to effectuate the intent and spirit of this chapter, including to ensure and preserve the peace, harmony, safety, health and general welfare of the people of the Tribe and those permitted to enter or reside on tribal lands.
C. The Tribal Court may issue an injunction, temporary restraining order, or order other appropriate actions; provided:
1. Injunctive relief shall be supported by the showing of probable cause.
2. Injunctive relief may be granted or denied ex parte on the same day a petition is filed with the Court by the Tribe. Telephonic or videoconference hearings are permitted if necessary and appropriate under the circumstances.
3. Petitions for injunctive relief may be heard and granted ex parte.
D. Any ex parte order issued by the Tribal Court shall remain in effect for a period established by the Tribal Court, not to exceed fourteen (14) days or until a citation has been issued, whichever occurs first. (Res. 2022-47 (Exh. A); Res. 2020-92; Res. 2020-07. Formerly 4-705)