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Criminal Procedure — prompt presentment

United States Court of Appeals For the Seventh Circuit


Criminal Procedure — prompt presentment

Where the defendant waived his right to prompt presentment before a magistrate, his statements are admissible.

“McDowell’s voluntary waiver of his Rule 5(a) right therefore eliminated any need for the district court to address the remedial framework of § 3501(c) and McNabb-Mallory. McDowell’s confession was admissible without regard to the delay in presentment. Where, as here, the defendant waives his Rule 5(a) right, there is no reason for judicial inquiry into whether the delay in presentment was unreasonable or unnecessary under § 3501(c) and McNabb-Mallory. Although much of its analysis was unnecessary, the district court properly denied McDowell’s suppression motion.”


10-2543 U.S. v. McDowell

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Sykes, J.

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