5-44-10. Filing of Complaint.

  1. The law enforcement officer shall submit a detailed report of the circumstances of the arrest, along with statements from the victim and other witnesses to the Tribal Prosecutor. The law enforcement officer will collect all credible evidence of the alleged crime, taking special note in the detailed report of any Wakanyeja present.
  2. The law enforcement officer’s report shall describe the relationship of the alleged abuser and the victim, whether the alleged abuser is an Indian or non-Indian, whether the victim is an Indian and the nature of their relationship.
  3. The victim may be subpoenaed as the primary witness for the prosecution but must not be forced to testify under the threat of warrant (7-1-6 (5)(d)).
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