United States v. Rufus Gaines

PELL, Circuit Judge.

This is an appeal by the Government under 18 U.S.C. § 3731 from an order of the district court granting defendant-appellee’s motion to suppress evidence of a confession. After hearing evidence on the motion, the trial court found that Gaines’ oral statements on March 10, 1972, were voluntarily made, but ordered suppression because the defendant at the time of the statements had been in custody for approximately forty-six (46) hours on an unrelated state charge and had not been taken before a judicial officer. The essential question on this appeal is whether the district…