U.S. v. McDowell

In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendant’s motion to suppress his confession, where said confession was given 16 hours after defendant’s arrest but before he was taken to magistrate judge for his initial appearance, and where defendant claimed that such confession was taken in violation of prompt presentment rule found in Fed. R. Crim. 5(a) and in violation of McNabb and Mallory decisions. Defendant signed written waiver of his Rule 5(a) right to prompt presentment, and although instant confession was taken beyond six-hour safe haven found in 18 USC section 3501, defendant waived any remedy for police failure to prompt present him to magistrate judge.