United States v. Alvarez-Sanchez, 511 U.S. 350, 6 (1994)

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Cite as: 511 U. S. 350 (1994)

Opinion of the Court

that a confession made by a person within six hours following his arrest or other detention "shall not be inadmissible" solely because of delay in presenting the person to a federal magistrate. The Ninth Circuit construed § 3501(c) as precluding suppression under McNabb-Mallory of any confession made during this "safe harbor" period following arrest. 975 F. 2d, at 1399. The court then reasoned that, by negative implication, § 3501(c) must in some circumstances allow suppression of a confession made more than six hours after arrest solely on the basis of pre-presentment delay, "regardless of the voluntariness of the confession." Id., at 1401. The court thus concluded that the McNabb-Mallory rule, in either a pure or slightly modified form, applies to confessions made after the expiration of the safe harbor period.

Turning to the facts of the case before it, the court determined that § 3501(c) applied to respondent's statement because respondent was in custody and had not been presented to a magistrate at the time of the interview. The court concluded that the statement fell outside the subsection's safe harbor because it was not made until Monday afternoon, nearly three days after respondent's arrest on state charges. 975 F. 2d, at 1405, and n. 8 (citing United States v. Fouche, 776 F. 2d 1398, 1406 (CA9 1985)). Because the statement was not made within the § 3501(c) safe harbor period, the court applied both its pure and modified versions of the McNabb-Mallory rule and held that, under either approach, the confession should have been suppressed. 975 F. 2d, at 1405-1406.

We granted the Government's petition for a writ of certiorari in order to consider the Ninth Circuit's interpretation of § 3501. 510 U. S. 912 (1993).

II

The parties argue at some length over the proper interpretation of subsections (a) and (c) of 18 U. S. C. § 3501, and, in particular, over the question whether § 3501(c) requires

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