Legal Opinion · Concurrence

United States v. Carmen Boche-Perez

Court of Appeals for the Fifth Circuit

Decided June 17, 2014No. 12-40141Published

1ConcurrenceJames L. Dennis, Circuit Judge

Carmen Boche-Perez moved to suppress the confessions he made to arresting officers while in custody on the ground that they were involuntary and that the government’s two-day delay in presenting him to a magistrate judge required suppression under the McNabb-Mallory exclusionary rule. See 18 U.S.C. § 3501(c); Fed. R.CRIM.P. 5(a)(l )(A); Corley v. United States, 556 U.S. 303, 129 S.Ct. 1558, 173 L.Ed.2d 443 (2009); Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957); McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943). I agree with the majority’s…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Gerstein v. PughSupreme Court of the United States · 1975
  4. McNabb v. United StatesSupreme Court of the United States · 1943
  5. County of Riverside v. McLaughlinSupreme Court of the United States · 1991

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