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McNabb-Mallory Rule Survives, Subject to Six-Hour Safe Harbor Provision in 18 U.S.C. § 3501(c)

Corley v. United States, No. 07-10441 (U.S. Apr. 6, 2009)Remember the McNabb-Mallory rule? That's the one that says a confession obtained during a period of unnecessary delay in presenting an arrestee to a magistrate is inadmissible, even if the confession was voluntary. Congress, evidently dissatisfied with both McNabb-Mallory and Miranda, later enacted 18 U.S.C. § 3501. Subsection (a), targeted

Full post as published by Fifth Circuit Blog on April 07, 2009 (boomark / email).