Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Ameren employees sue over asbestos exposure Thu, 24 May 2012 11:37:16 +0000
Facebook lawsuit hits underwriters as stock up Thu, 24 May 2012 11:30:01 +0000
Penn State finds new general counsel Thu, 24 May 2012 09:57:56 +0000

Google Legal News

Featured News - Current News - Archived News - News Categories

Court rules for suspect on timing of confession

Thu, Apr 9th 2009 12:00 am
WASHINGTON (AP) - The Supreme Court ruled Monday that confessions obtained by federal authorities before a suspect's first court appearance may be inadmissible if more than six hours elapse between an arrest and a court date.

The court said in a 5-4 decision that long delays before a suspect sees a judge can give the government too much leverage over someone who has been arrested.

"Federal agents would be free to question suspects for extended periods before bringing them out in the open, and we have always known what custodial secrecy leads to," Hon. David Souter wrote in the majority opinion.

The prisoner in the case, Johnnie Corley, was arrested on suspicion of robbing a credit union in Norristown, Pa. The FBI agents who arrested him did not take him to court for his initial appearance for 29½ hours, during which time they elicited a confession from Corley.

Under federal law and previous court decisions, confessions obtained within six hours of an arrest are presumed to be valid and may be used at trial. The question in Corley's case was what courts should do with confessions when there is a delay before the first court appearance.

The federal appeals court in Philadelphia said Corley's admission that he robbed the bank could be used against him, ruling that the confession was voluntary despite the delay.

The Supreme Court set aside that ruling Monday and ordered lower courts to examine whether the confession was given during the first six hours after arrest. If it came later, Souter said, courts must throw out the confession if they find that the delay in taking the prisoner to court was "unreasonable or unnecessary."

Hon. Stephen Breyer, Hon. Ruth Bader Ginsburg, Hon. Anthony Kennedy and Hon. John Paul Stevens voted with Souter.

In dissent, Hon. Samuel Alito said confessions that are voluntarily given should be admitted into evidence regardless of the time that passes before a prisoner first goes to court.

Alito said concerns about coerced confessions have largely been dealt with by Miranda warnings, which officers give at the time of an arrest by informing suspects of their right not to answer questions and obtain a lawyer's help.

Chief Justice Hon. John Roberts, Hon. Antonin Scalia and Hon. Clarence Thomas joined Alito's dissent.

The case is Corley v. U.S., 07-10441.