Amdt5.3.3.2 McNabb-Mallory Doctrine

Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Perhaps one reason the Court did not squarely confront the application of the Self-Incrimination Clause to police interrogation and the admissibility of confessions in federal courts was that, in McNabb v. United States, 1 it promulgated a rule excluding confessions obtained after an unnecessary delay in presenting a suspect for arraignment after arrest. 2 This rule, developed pursuant to the Court’s supervisory power over the lower federal courts 3 and hence not applicable to the states, 4 was designed to implement the guarantees assured to a defendant by the Federal Rules of Criminal Procedure, 5 and was clearly informed with concern over incommunicado interrogation and coerced confessions. 6 Although the Court never attempted to specify a minimum time after which delay in presenting a suspect for arraignment could invalidate confessions, Congress in 1968 legislated to set a six-hour period for interrogation following arrest before the suspect must be presented. 7 In Corley v. United States, 8 the Court held that this legislation merely limited, and did not eliminate, McNabb-Mallory’s exclusionary rule. Thus, confessions within six hours of arrest were admissible to the extent permitted by the statute and Rules of Evidence, whereas, [i]f the confession occurred before presentment and beyond six hours . . . , the court must decide whether delaying that long was unreasonable or unnecessary under the McNabb-Mallory cases, and if it was, the confession is to be suppressed.9

Footnotes

  1.  318 U.S. 332 (1943). See also Anderson v. United States, 318 U.S. 350 (1943).
  2.  In Upshaw v. United States, 335 U.S. 410 (1948), the Court rejected lower court interpretations that delay in arraignment was but one factor in determining the voluntariness of a confession, and held that a confession obtained after a thirty-hour delay was inadmissible per se. Mallory v. United States, 354 U.S. 449 (1957), held that any confession obtained during an unnecessary delay in arraignment was inadmissible. A confession obtained during a lawful delay before arraignment was admissible. United States v. Mitchell, 322 U.S. 65 (1944).
  3.  McNabb v. United States, 318 U.S. 332, 340 (1943); Upshaw v. United States, 335 U.S. 410, 414 n.2 (1948). Burns v. Wilson, 346 U.S. 137, 145 n.12 (1953), indicated that because the Court had no supervisory power over courts-martial, the rule did not apply in military courts.
  4.  Gallegos v. Nebraska, 342 U.S. 55, 60, 63-64, 71-73 (1951); Stein v. New York, 346 U.S. 156, 187-88 (1953); Culombe v. Connecticut, 367 U.S. 568, 599-602 (1961) (Justice Frankfurter announcing judgment of the Court).
  5.  Rule 5(a) requiring prompt arraignment was promulgated in 1946, but the Court in McNabb relied on predecessor statutes, some of which required prompt arraignment. Cf. Mallory v. United States, 354 U.S. 449, 451-54 (1957). Rule 5(b) requires that the magistrate at arraignment must inform the suspect of the charge against him, must warn him that what he says may be used against him, must tell him of his right to counsel and his right to remain silent, and must also provide for the terms of bail.
  6.  McNabb v. United States, 318 U.S. 332, 343 (1943); Mallory v. United States, 354 U.S. 449, 452-53 (1957).
  7.  The provision was part of the Omnibus Crime Control and Safe Streets Act of 1968, 82 Stat. 210, 18 U.S.C. § 3501(c).
  8.  556 U.S. ___, No. 07-10441 (2009).
  9.  556 U.S. ___, No. 07-10441, slip op. at 18.