Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Corley v. United States

  • The argument was heard on January 21, 2009.
  • Issue: The issue in this case is whether federal law permits the suppression of a voluntary confession made more than six hours after arrest but before presentment to a magistrate, as a consequence of unreasonable delay in presentment.
  • Background: The Federal Rules of Criminal Procedure require prompt presentment, which means that an arrested defendant must be taken to a magistrate judge without unnecessary delay. Under the Omnibus Crime Control and Safe Streets Act, a confession is potentially inadmissible if it was given by the defendant more than six hours after the defendant’s arrest. In this case, the defendant was arrested for robbery and signed a written confession twenty-nine hours after his arrest, and before he was brought before a magistrate.



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