MEMORANDUM OF UNDERSTANDING REGARDING MUTUAL AID BETWEEN 

THE CROW CREEK SIOUX TRIBE AND 

THE SOUTH DAKOTA HIGHWAY PATROL 

1. This Mutual Aid Agreement is hereby entered into by and between the Crow 

Creek Sioux Tribe and the South Dakota Highway Patrol to provide mutual aid 

and assistance to each other for the safety and protection of the citizens of South 

Dakota and those persons, whether Indian or non-Indian, who live within the 

boundaries of the Crow Creek Sioux Reservation. 

2. The purpose of this Agreement is to coordinate law enforcement efforts between 

the Crow Creek Sioux Tribe and the South Dakota Highway Patrol. In view of the 

jurisdictional issues that would ordinarily arise, and the goal of providing safety 

and protection to all persons, the parties hereby agrees as follows: 

A. Either party may request assistance from the other party at any time. 

B. Each party will assist and cooperate with the other party’s staff and the people

they serve when requested. Each responding party is hereby granted 

permission and jurisdiction to aid the requesting party. Jurisdictional authority 

begins with receipt of request for aid and ends when the request or response 

is terminated. 

C. Upon receipt of a request for assistance the responding party shall 

immediately notify the requesting party if it can participate and to what extent 

it can participate in the request. 

D. Upon receipt of a request for assistance, the responding party shall provide 

the requested assistance unless it determines, in its sole discretion, that 

providing the requested assistance would leave it inadequate resources to 

preserve and protect the health, safety, and welfare of its citizens or that it is 

otherwise unable to provide the requested assistance. 

E. Any party that provides assistance pursuant to a request under this 

Agreement may withdraw that assistance at any time if it determines, in its 

sole discretion, that continuing to provide that assistance would leave it 

inadequate resources to preserve the health, safety, and welfare of its citizens 

or is otherwise unable to provide the requested assistance. 

F. All vehicles, equipment and personnel of a responding party will be under the 

direction and control of the commanding officer of the jurisdiction requesting 

mutual aid. The commanding officer of the responding party may at any time 

decide to terminate the mutual aid as to vehicles, equipment, and personnel 

of the responding party to reduce the aid being provided at any time. 

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G. Should a complaint be received by a party lacking primary jurisdiction, at a 

time when there is no active request for assistance, the party with jurisdiction 

shall be notified immediately and the following shall occur: 

1. The officer who received the initial complaint may be the first to respond if 

the party having jurisdiction gives approval. 

2. The party having jurisdiction must also respond in a timely manner 

3. The officer lacking primary jurisdiction shall assist the party having primary 

jurisdiction until such time as he/she is relieved by the officer in charge of 

the scene or incident or by that officer’s immediate supervisor.

H. Each party shall be responsible for any liability incurred by its own officer(s) 

acting within the scope of their employment, whether acting on behalf of the 

requesting entity or the responding entity. Accordingly, each party will provide 

insurance coverage for its own employees, including workman’s 

compensation. 

I. The South Dakota Highway Patrol will not attempt to enforce or apply state 

laws to any person on the Crow Creek Reservation while assisting Tribal law 

enforcement. The Highway Patrol will have authority to enforce tribal law 

under the Crow Creek Sioux Tribal Law and Order Code and Major Crimes 

under the Federal Criminal Code. 

J. Nothing in this Agreement shall constitute a waiver of abrogation of sovereign 

immunity or any statutory immunity. 

K. This Agreement shall be effective from the date of the last signature affixed 

below and shall continue for five (5) years unless otherwise terminated. Either 

party can terminate this Agreement for any or no reason upon thirty (30) days 

notice to the other party. 

L. This Memorandum of Understanding constitutes the entire agreement 

between the parties on this subject and shall be authorized and approved by 

the authorized person or governing body of each party. The Memorandum of 

Understanding may be modified only in writing signed by both parties. This 

Memorandum of Understanding does not give rise to any legally enforceable 

rights between the parties hereto or third parties. 

In Witness Whereof, the parties signify their agreement by the signatures affixed below: 

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___________________________ ____________________________ 

___________________________ ____________________________ 

___________________________ _____________________________ 

___________________________ ______________________________ 

Roxanne Sazue, Chairwoman 

Crow Creek Sioux Tribe 

Date 

Scott Shield, Chief of Police 

Crow Creek Sioux Agency BIA-OJS 

Law Enforcement 

Date 

Trevor Jones, Secretary 

SD Department of Public Safety 

Date 

Craig Price, Superintendent 

South Dakota Highway Patrol 

Date 

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