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18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
Michigan Law Review
Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Michigan Law Review
This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.