Skip to main content
· 11/9/1970

Bigman v. United States

Citations

  • 400 U.S. 910
  • 91 S. Ct. 141

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an arrest made outside an officer's jurisdiction, absent exigent circumstances, violates the Fourth Amendment
  • finding that an officer's subjective belief regarding the validity of an arrest under state law only applies to a qualified immunity defense
  • sheriffs testimony that he believed arrests in Indian territory were legal presented question of fact whether county had custom or policy regarding such arrests
  • arrest executed outside of the officer’s jurisdiction violated the Fourth Amendment; absent exigent circumstances, such an arrest is presumptively unreasonable
  • \There is no question but that 18 U.S.C. § 13 would allow federal enforcement of the local ordinance against public intoxication involved in this case.\
  • a “warrantless arrest executed outside of the arresting officer’s jurisdiction [that is, on tribal land] is analogous to a warrantless arrest without probable cause” and is “presumptively unreasonable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Douglas, Granted, Should

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.