United States v. Leviton

1. The first ground of my dissent is what I deem a flagrant violation of the so-called “MeNabb rule.” 1 That rule renders a confession inadmissible in a federal trial if obtained in violation of the requirement, now set forth in Criminal Rule 5(a), that “An officer making an arrest * * * *858shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States.” The purpose of the McNabb rule is to procure for an arrested person the following…