Opinion
17-30022
07-14-2021
UNITED STATES OF AMERICA, Plaintiff-Appellant, v. JOSHUA JAMES COOLEY, Defendant-Appellee.
NOT FOR PUBLICATION
On Remand from the United States Supreme Court D.C. No. 1:16-cr-00042-SPW-1
Before: BERZON, THACKER, [*] and HURWITZ, Circuit Judges.
ORDER
The Supreme Court reversed our judgment in this case and remanded to this Court for further proceedings. United States v. Cooley, 141 S.Ct. 1638 (2021). The District Court did not decide the following question: If-as the Supreme Court held-the tribal officer otherwise possessed the relevant authority, "whether the officer had probable cause for a search or arrest, or reasonable suspicion for an investigatory detention." United States v. Cooley, 919 F.3d 1135, 1145 (9th Cir. 2019). Accordingly, the case is hereby REMANDED to the District Court to address that question. See id. ("We rely on Fourth Amendment jurisprudence to analyze the validity of a search or seizure under [the Indian Civil Rights Act].") (citing United States v. Becerra-Garcia, 397 F.3d 1167, 1171 (9th Cir. 2005)). IT IS SO ORDERED. [*] The Stephanie Dawn Thacker, United States Circuit Judge for the U.S. Court of Appeals for the Fourth Circuit, sitting by designation.