United States v. Pedro Alvarez-Sanchez

975 F.2d 1396, 92 Daily Journal DAR 12730, 92 Cal. Daily Op. Serv. 7844, 1992 U.S. App. LEXIS 21603, 1992 WL 220230
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 15, 1992
Docket89-50060
StatusPublished
Cited by29 cases

This text of 975 F.2d 1396 (United States v. Pedro Alvarez-Sanchez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pedro Alvarez-Sanchez, 975 F.2d 1396, 92 Daily Journal DAR 12730, 92 Cal. Daily Op. Serv. 7844, 1992 U.S. App. LEXIS 21603, 1992 WL 220230 (9th Cir. 1992).

Opinions

REINHARDT, Circuit Judge:

The defendant, Pedro Alvarez-Sanehez, was convicted after a jury trial of possession of counterfeit government obligations in violation of 18 U.S.C. § 472. During the trial, the government introduced in evidence a confession obtained while the defendant was in custody. The defendant had moved to suppress his confession on the ground that it was inadmissible under 18 U.S.C. § 3501 due to the delay between his arrest and arraignment. The district court denied the defendant’s motion, and he appeals that denial. ' We review de novo the district court’s decision to admit the confession. See United States v. Gonzalez-Sandoval, 894 F.2d 1043, 1048 (9th Cir.1990); United States v. Wilson, 838 F.2d 1081, 1085-86 (9th Cir.1988). We reverse and remand.

I

The facts, as found by the district court in its denial of the defendant’s suppression motion, are relatively simple. On Friday, [1398]*1398August 5, 1988, Alvarez-Sanchez was arrested by Los Angeles Sheriffs deputies on narcotics charges during the execution of a search warrant on his residence. During the search, the deputies recovered $2,260 in counterfeit money; the Secret Service was notified. Although the state never pursued any narcotics or other prosecution against Alvarez-Sanchez, he remained in state custody throughout the weekend. On Monday, August 8, 1988, while still in state custody, Alvarez-Sanchez was interviewed by federal agents, one of whom was apparently fluent in Spanish. After agreeing to waive his Miranda rights, Alvarez-Sanchez confessed to knowing possession of the counterfeit money. Later that afternoon, the federal agents took custody of the defendant, and the next morning, Tuesday, August 9, he was arraigned before a federal magistrate.

II

The defendant argues that his confession was inadmissible because it was obtained during a period of unreasonable prear-raignment delay. Rule 5(a) of the Federal Rules of Criminal Procedure requires that an arrested person be arraigned before a magistrate “without unnecessary delay.” The right to a speedy arraignment codified in Rule 5(a) has been recognized to serve at least three important interests; it: (1) “protect[s] the citizen from a deprivation of liberty as a result of an unlawful arrest by requiring that the Government establish probable cause,” (2) “effectuate[s] and implements] the citizen’s constitutional rights by insuring that a person arrested is informed by a judicial officer” of those rights, and (3) “minimize[s] the temptation and opportunity to obtain confessions as a result of coercion, threats, or unlawful inducements.” 113 Cong.Rec. 36,067 (1967); see also McNabb v. United States, 318 U.S. 332, 343, 63 S.Ct. 608, 614, 87 L.Ed. 819 (1943) (“The purpose of this impressively pervasive requirement of criminal procedure [that of prompt arraignment] is plain.... The awful instruments of the criminal law cannot be entrusted to a single functionary.”). Alvarez-Sanchez’s case presents us with the problem of determining the circumstances under which the failure to arraign an arrestee within a reasonable time should result, in the suppression of his confession.

Nearly fifty years ago, the Supreme Court determined that one appropriate remedy for violations of Rule 5(a) is to suppress confessions obtained during an unnecessary ' delay in arraignment. See McNabb, 318 U.S. at 341, 63 S.Ct. at 613. In a line of decisions culminating in Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957), the Supreme Court adopted a general exclusionary rule that rendered inadmissible all confessions obtained during a detention in violation of Rule 5(a). This rule was not as severe as it seemed, however, as not all delays in arraignment violate Rule 5(a) — only “unnecessary delays.” As long as the delay was reasonable, it did not violate Rule 5(a). See, e.g., Muldrow v. United States, 281 F.2d 903, 905 (9th Cir.1960); Williams v. United States, 273 F.2d 781, 798 (9th Cir.1959), cert. denied, 362 U.S. 951, 80 S.Ct. 862, 4 L.Ed.2d 868 (1960). Suppression was required only “when the federal officers cannot justify their failure to promptly bring the accused before a committing magistrate, or when the federal officers delay arraignment in order to obtain evidence from the accused.” Cote v. United States, 357 F.2d 789, 794 (9th Cir.), cert. denied, 385 U.S. 883, 87 S.Ct. 173, 17 L.Ed.2d 110 (1966); see also Smith v. United States, 390 F.2d 401, 403 (9th Cir.1968). The rule was clear, however, with regard to delays deliberately incurred in order to allow investigating officers time to interrogate the accused — any confession obtained would have to be suppressed. See Upshaw v. United States, 335 U.S. 410, 414, 69 S.Ct. 170, 172, 93 L.Ed. 100 (1948).

The continued vitality of the McNabb-Mallory remedy for Rule 5(a) violations was made uncertain, however, when in 1968 Congress enacted statutory provisions regarding the admissibility of confessions in federal criminal prosecutions, which provisions are codified at 18 U.S.C. § 3501 and [1399]*1399the text of which is set out in the margin.1 One of the purposes of this enactment was to limit the McNabb-Mallory rule by allowing certain pre-arraignment confessions to be admitted notwithstanding the presence of a Rule 5(a) violation. See United States v. Halbert, 436 F.2d 1226, 1231 (9th Cir.1970). Unfortunately, the text of § 3501 is confusing and has given rise to uncertainty and disagreements among the circuits over the proper application of the provision. See United States v. Perez, 733 F.2d 1026, 1034 (2d Cir.1984) (discreetly describing interpretation of the act as “somewhat murky”). The degree to which the operation of the McNabb-Mallory rule has been curtailed is unquestionably not clear from the plain language of the statute.

Two sections of § 3501, sections (a) and (c), appear to address the role of pre-arraignment delay in determining the admissibility of confessions obtained during such delay.2 The most elaborate, and pertinent, is § 3501(c).

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975 F.2d 1396, 92 Daily Journal DAR 12730, 92 Cal. Daily Op. Serv. 7844, 1992 U.S. App. LEXIS 21603, 1992 WL 220230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pedro-alvarez-sanchez-ca9-1992.