· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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