Legal Opinion · Dissent

State v. Rigsbee

South Dakota Supreme Court

Decided September 19, 1975No. File 11389Published

1DissentDoyle, Justice

As stated in the majority opinion, the defendant Rigsbee was arrested by officers of the Watertown Police Department on information that “ ‘Mr. Rigsbee had marijuana or a controlled substance in his vehicle and he normally went to the Club 20 between 6:20 and 7:00, and * * * that he had been selling marijuana out there.’ ” Upon this meager information, it is contended that probable cause existed for the arrest of the defendant.

In dealing with probable cause based partially on an informant’s tip, the United States Supreme Court has said:

“The informer’s report must first be measured against…

2Cases cited14 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. Beck v. OhioSupreme Court of the United States · 1964
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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