United States v. Howard T. Poole

*123LEVENTHAL, Circuit Judge

(concurring) :

Occasionally I add a concurring opinion of my own to a majority opinion written for the court,1 when I have a thought that is appropriate for presentation as an individual reflection and that need not be cast as authoritative pronouncement. Indeed, that is one of the prime virtues of the concurring opinion.

The fact that we place our ruling on a waiver by appellant is not to be taken as a concession or ruling that his confession would have been inadmissible under Mallory. The particular facts of appellant’s case involve an arrest at night, which meant that…