The Prompt Presentment Rule in Federal Prosecutions

A person arrested by the Federal Government has a right to be taken before a magistrate " without unnecessary delay". In those instances where a defendant has given a confession where there was a impermissible delay in presenting him/ her to a magistrate, the courts will suppress the confession.

Recently, the United States Supreme Court reaffirmed that principle in a case where the time hiatus between arrest and presentment to a magistrate was approximately twenty-nine hours. During that time, the defendant confessed to the crime subject of the government’s investigation. The court observed that the " prompt presentment" requirement was not just an administrative rule that could be bent at the government’s discretion, but rather, a very important one because when the defendant is presented to a judge or magistrate a number of steps will be taken to foreclose governmental overreach, including advising the defendant of his right to counsel. Resultingly, the court decided to suppress the confession.