State v. Smith, 246 OrApp 614 (2011)

Holding:   Where the tribe’s code permits it, a non-tribal officer in “hot pursuit” can make an arrest, on reservation, for traffic offenses committed by a tribal member off reservation.

1)   When interpreting codes other than the Oregon Revised Statutes – i.e. administrative rules, city ordinances, tribal codes – Courts use the usual framework for statutory construction. at p. 619.

2)   “In statutory construction, we begin by examining the text and context of the statute, in light of any useful legislative history. (cite omitted). If the drafters’ intent remains unclear after examining text, context and legislative history, ‘the court may resort to general maxims of statutory construction to aid in resolving the remaining uncertainty.’ (cite omitted). We may not, however, ‘insert what has been omitted, or * * * omit what has been inserted[.]’” (cite omitted). at p. 619.

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