Article Title
Narragansett's Smoke Shop Raid: Narragansett Indian Tribe of Rhode Island v. The State of Rhode Island
Abstract
On July 14, 2003, Rhode Island State Police, acting on orders from the Governor and pursuant to a search warrant, entered Narragansett Indian settlement land in Charlestown, Rhode Island. The state had probable cause to believe that the tribe was selling cigarettes in violation of R.I.G.L., Title 44, Section 20-12 that imposes a tax in the form of a stamp to be affixed to all cigarettes sold in the State. Probable cause was based on direct observation, general knowledge and public advertising that the Indians had been selling untaxed cigarettes for the previous two days. A melee ensued when the Indians resisted the execution of the warrants. The video of the scuffle and consequent arrests made national news. Eight Indians, including Chief Sachem Matthew Thomas, were arrested and the tribe’s entire inventory of contraband cigarettes was confiscated. The seized items consisted of approximately 1,200 cartons of cigarettes. This incident was the latest of many confrontations between the tribe and government officials that go back to the early encounters with the colonists.