Upshaw v. United States (335 U.S. 410)

U.S. Supreme Court · decided December 13, 1948 · Supreme Court Database (Spaeth)

Citation
335 U.S. 410 · 69 S. Ct. 170
Docket
No. 98
Argued
November 12, 1948
Decided
December 13, 1948
Term
October Term 1948
Vote
5–4
Majority author
Justice Black
Issue area
Criminal Procedure
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Liberal

How the Justices voted

Majority
Justice Douglas, Justice Frankfurter, Justice Black (wrote), Justice Rutledge, Justice Murphy
Dissenting
Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Reed (wrote)

Opinion on Justia

Opinion excerpt

Mr. Justice Black delivered the opinion of the Court. The petitioner was convicted of grand larceny in the United States District Court for the District of Columbia and sentenced to serve sixteen months to four years in prison. Pre-trial confessions of guilt without which petitioner could not have been convicted were admitted in evidence against his objection that they had been illegally obtained. The confessions had been made during a 30-hour period while petitioner was held a prisoner after the police had arrested him on suspicion and without a warrant. Petitioner’s objection to the admissibility of the confessions rested on Rule 5 (a) of the Federal Rules of Criminal Procedure and our holding in McNabb v. United States, 318 U. S. 332. Rule 5 (a) provides that “An officer making an arrest . . . shall take the arrested person without unnecessary delay before the nearest available” committing magistrate and when the arrested person appears before the magistrate “a complaint shall be filed forthwith.” Petitioner contended that the officers had violated this rule in detaining him as they did without taking him before a committing magistrate. In the Mc-Nabb case we held that confessions had been improperly admitted where they were the plain result of holding and interrogating persons without carrying them “forthwith” before a committing magistrate as the law commands. In this…

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