United States of America v. Joshua James Cooley

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
JOSHUA JAMES COOLEY,
Defendant-Appellee.
No. 17-30022
D.C. No.
1:16-cr-00042-SPW-1
ORDER
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.
FILED
JUL 14 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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