McNabb–Mallory rule

McNabb–Mallory rule
Mc·Nabb–Mal·lo·ry rule /mək-'nab-'ma-lə-rē-/ n [after McNabb v. United States, 318 U.S. 332 (1943) and Mallory v. United States, 354 U.S. 449 (1957), U.S. Supreme Court cases that established the rule]: a doctrine in criminal procedure: an arrestee must be brought before a magistrate without unnecessary delay in order for a confession made during detention to be admissible
◇ In practice, the rule is not absolute. Under the U.S. Code, a delay of more than six hours in bringing an arrestee before a magistrate will not render a confession inadmissible if the delay was reasonable in light of distance and transportation.

Merriam-Webster’s Dictionary of Law. . 1996.

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  • McNabb-Mallory Rule — The rule that when a defendant has been detained for an unreasonably long time between arrest and a preliminary hearing, confessions obtained during that time are not admissible. This rule rarely comes into play because of the broader protections …   Law dictionary

  • McNabb-Mallory rule — The McNabb Mallory rule (sometimes referred to as just the Mallory rule) refers to the U.S. rule of evidence that a confession is inadmissible if obtained during an unreasonably long period of detention between arrest and preliminary hearing. The …   Wikipedia

  • McNabb-Mallory Rule — The rule which requires that a suspect be promptly brought before a magistrate or else incriminating statements made by him during the illegal detention will be suppressed. McNabb v. U. S., 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, and Mallory v …   Black's law dictionary

  • McNabb-Mallory Rule — The rule which requires that a suspect be promptly brought before a magistrate or else incriminating statements made by him during the illegal detention will be suppressed. McNabb v. U. S., 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, and Mallory v …   Black's law dictionary

  • Mallory Rule — Rule derived from case of the same name in which the court held that a confession given by one who had been detained an unreasonable time before being brought before magistrate was inadmissible though it was otherwise voluntary and trustworthy.… …   Black's law dictionary

  • Mallory Rule — Rule derived from case of the same name in which the court held that a confession given by one who had been detained an unreasonable time before being brought before magistrate was inadmissible though it was otherwise voluntary and trustworthy.… …   Black's law dictionary

  • Mallory (disambiguation) — Mallory is an English surname and given name. Mallory may also refer to: Mallory, West Virginia Mallory Township, Clayton County, Iowa Mallory Airport, an airport in West Virginia, United States Mallory Park, a motor racing circuit in… …   Wikipedia

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  • List of law topics (F-M) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • illegally obtained evidence — Evidence which is obtained in violation of defendant s rights because officers had no warrant and no probable cause to arrest or because the warrant was defective and no valid grounds existed for seizure without a warrant. Evidence secured in… …   Black's law dictionary

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