USA V. JOSHUA COOLEY, No. 17-30022 (9th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 21, 2019.
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FILED NOT FOR PUBLICATION JUL 14 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 17-30022 D.C. No. 1:16-cr-00042-SPW-1 v. JOSHUA JAMES COOLEY, ORDER Defendant-Appellee. On Remand from the United States Supreme Court Before: BERZON, THACKER,* and HURWITZ, Circuit Judges. 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 * The Stephanie Dawn Thacker, United States Circuit Judge for the U.S. Court of Appeals for the Fourth Circuit, sitting by designation. 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. 2
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