A Minnesota pilot whose single-engine plane lost power midair and made an emergency landing on the Red Lake Reservation says tribal police seized his aircraft shortly afterward — and that he’s now being forced to stand trial in tribal court to get it back.
According to an interview with Aviation International News (AIN), pilot Darrin Smedsmo of Roseau was flying to Bemidji on Oct. 15 when his 1946 Stinson aircraft “suddenly stopped working midair.”
Smedsmo said he managed to glide safely onto a state road inside the Red Lake Reservation.
“I am fine, airplane is fine. While flying down to Bemidji to start my instrument pilot training, I had an engine failure. I landed on the road, then the headaches began!” Smedsmo wrote on his Facebook page.
What happened next, he said, stunned him. Moments after the landing, tribal police impounded his plane, claiming he had violated Red Lake’s 1978 air ban — a resolution prohibiting any aircraft from flying over tribal land at altitudes below 20,000 feet.
“The land is theirs, but they are claiming the air is theirs. They don’t control the air. That is basically untenable,” Smedsmo told AIN.
The Red Lake Tribal Council issued a public notice in light of the incident.
“Due to recent reports & incident; Please be advised of Resolution 59-78, where the Red Lake Tribal Council established an air ban prohibiting the flying of ANY AIRPLANE over the lands of the Red Lake Band of Chippewa Indians at an altitude of less than 20,000 feet,” the council posted.
Tribal leaders defend the impoundment
In a press release, the Red Lake Tribal Council confirmed that the aircraft was impounded following the emergency landing, saying the action was necessary to ensure “public safety, protect Tribal property, and ensure compliance with Tribal laws and resolutions.”
The council said the plane landed on reservation land “without prior authorization or required coordination with Tribal authorities,” creating “immediate safety, liability, and resource-protection concerns.”
Tribal officials said Smedsmo was safe and assisted by law enforcement but that his case remains under investigation. Court proceedings under tribal law are expected to provide him “due process.”
Smedsmo told AIN if Red Lake Band’s airspace claim was true, FAA charts should show that restriction.
“There’s nothing marked on the chart,” he said. “There are parcels everywhere over northern Minnesota governed by the same tribal laws. If they owned the airspace above each, the chart would look like polka dots.”
Smedsmo’s attorney also points out that the FAA has jurisdiction over all U.S. airspace, which would supersede the Red Lake Tribal Council.
According to 49 U.S. Code § 40103, “The United States Government has exclusive sovereignty of airspace of the United States.”
Smedsmo said the situation has split into two separate battles: “One is mine between me and them to get the plane back. The other is between the FAA and them,” he told the outlet.
Alpha News reached out to the Red Lake Tribal Council. A spokesperson responded: “This matter is still under investigation, and no hearing date has been set. Once the investigation is complete, along with any necessary FAA review, court proceedings will commence.”
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
