United States v. Alvarez-Sanchez, 511 U.S. 350, 12 (1994)

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

Stevens, J., concurring in judgment

Justice Ginsburg, with whom Justice Blackmun joins, concurring.

When Alvarez-Sanchez was arrested by the Los Angeles Sheriff's Department, 18 U. S. C. § 3501(c) was not triggered. As the Court explains, an arrest by state or local law enforcement authorities on state criminal charges is not an "arrest or other detention" within the meaning of § 3501(c), and there is no evidence in this case of any "improper collaboration," ante, at 359, or "working arrangement," Anderson v. United States, 318 U. S. 350, 356 (1943), between local and federal authorities. See ante, at 357-360, and n. 4. I write separately only to emphasize that we do not decide today a question on which the Courts of Appeals remain divided: the effect of § 3501(c) on confessions obtained more than six hours after an arrest on federal charges. See ante, at 356, 359-360.*

Justice Stevens, concurring in the judgment.

The Court holds that § 3501(c) "does not apply to statements made by a person who is being held solely on state charges." Ante, at 352. While I agree with the Court's answer to the narrow question the petition for certiorari presents,1 I write separately to emphasize the importance of the factual premise underlying that answer.

*Compare, e. g., 975 F. 2d 1396, 1402-1403 (1992) (decision below), and United States v. Perez, 733 F. 2d 1026, 1031 (CA2 1984) ("[§]3501 leaves the McNabb-Mallory rule intact with regard to confessions obtained after a six hour delay not found to be reasonable"); United States v. Robinson, 439 F. 2d 553, 563-564 (CADC 1970) (same), with United States v. Christopher, 956 F. 2d 536, 538-539 (CA6 1991) (under § 3501, unnecessary delay of more than six hours, "standing alone, is not sufficient to justify the suppression of an otherwise voluntary confession"), cert. denied, 505 U. S. 1207 (1992); United States v. Beltran, 761 F. 2d 1, 8 (CA1 1985) (same).

1 The question presented is "Whether a confession given to federal authorities while a suspect is in state custody awaiting arraignment on state charges must be suppressed as a result of delay between the suspect's original arrest by state authorities and his eventual presentment on the federal crime to which he confessed." Pet. for Cert. I.

361

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