By John Q. Hosedrinker 
Johnathon Carlson, a Red Lake tribal citizen, received two citations in Georgia for speeding and displaying an allegedly invalid tribal license plate. Crisp County Sheriff’s deputies claimed the Red Lake Nation plates were “fake,” despite Carlson’s assertion of prior acceptance. While Georgia recognizes plates from other states and countries, it lacks an agreement with Red Lake Nation, a position disputed by Red Lake’s attorney who cites Minnesota’s acceptance and relevant federal law. Carlson removed his plates to avoid further complications and plans to attend a May court date.
Read the original article here
A Red Lake Nation citizen recently found himself cited for “fake” license plates in Georgia, highlighting a complex intersection of tribal sovereignty, state law, and police training. The incident underscores the need for clearer guidelines regarding the recognition of tribal license plates across state lines.
The situation raises questions about the officer’s knowledge of the law. While the adage “ignorance of the law is no excuse” generally applies, it seems particularly relevant to law enforcement officials whose primary responsibility is law enforcement. One might expect a higher standard of legal knowledge from police officers, especially given the increasing prevalence of tribal license plates across the country. The officer’s actions, therefore, prompt a broader discussion about the adequacy of training provided to law enforcement regarding the complexities of tribal sovereignty and legal recognition of tribal identification.
The lack of familiarity with tribal license plates isn’t confined to this one Georgia officer. Many commenters shared similar experiences, some expressing surprise at the existence of tribal plates themselves. This suggests a widespread gap in understanding concerning tribal self-governance and the legal ramifications of such practices, extending beyond a single individual’s lack of knowledge. This points towards a larger systemic issue regarding officer training and the need for updated educational materials that include information about such matters as tribal identification.
The legality of tribal plates in Georgia appears to be a gray area, with even legal experts acknowledging a lack of explicit recognition. While some states issue their own tribal license plates without significant interstate issues, Georgia’s apparent lack of formal recognition creates a legal ambiguity. This legal murkiness increases the likelihood of misunderstandings and potential conflicts between state and tribal authorities. The situation presents a complicated legal dilemma, given that the Red Lake Nation’s plates are legal in Minnesota, yet seemingly not in Georgia, raising questions about interstate legal reciprocity. This complexity makes it easy to understand why this single Georgia officer might have felt justified in issuing the citations.
Compounding the issue is the accessibility of tribal licensing records. Even within states where tribal plates are recognized, access to verification databases may be limited, making it difficult for law enforcement to determine the validity of a license plate. This lack of access to verification databases makes the situation far more complicated for law enforcement officials, who are tasked with quick decisions and the difficult circumstances presented during traffic stops. It’s reasonable to assume that limitations in the system would not allow for verification in real-time.
The possibility of the officer’s misunderstanding being exploited as a means of prejudice against Native Americans cannot be discounted. The incident highlights a broader concern about potential discrimination against Native Americans while driving in states where their license plates are not explicitly recognized, particularly given the historical context of the relationship between the United States government and Native American tribes. This raises serious ethical concerns as well as legal ones.
The incident also highlights jurisdictional issues and the roles of different levels of government. The federal government’s role, or lack thereof, in establishing clear guidelines for the recognition of tribal license plates is particularly noteworthy. A lack of clear federal standards encourages inconsistent state-level interpretations, which can lead to scenarios like the one in Georgia. The creation of a federal standard would not only streamline the process but also promote uniformity and prevent future misunderstandings. This could involve establishing a federally-recognized system, ensuring clear interoperability between state and tribal databases, and addressing both the legal ambiguity and training gaps for law enforcement.
Ultimately, the Red Lake Nation citizen’s citation in Georgia serves as a case study in the complexities of tribal sovereignty, state laws, and the need for improved inter-governmental communication. The situation necessitates not only a reassessment of police training but also a broader discussion regarding the legal recognition of tribal license plates and the development of a more streamlined and equitable system that respects tribal self-governance and ensures the safety and fair treatment of all citizens. The incident’s resolution should involve a critical examination of the issues it raises, including officer training, interstate legal reciprocity, and the ongoing challenges in clarifying the relationship between state and tribal jurisdictions.