McNabb-Mallory rule

Mc·​Nabb-Mal·​lo·​ry rule | \ mək-ˈnab-ˈma-lə-rē- \

Legal Definition of McNabb-Mallory rule

: a doctrine in criminal procedure: an arrestee must be brought before a magistrate without unnecessary delay in order for a confession made during detention to be admissible

Note: In practice, the rule is not absolute. Under the U.S. Code, a delay of more than six hours in bringing an arrestee before a magistrate will not render a confession inadmissible if the delay was reasonable in light of distance and transportation.

History and Etymology for McNabb-Mallory rule

after McNabb v. United States, 318 U.S. 332 (1943) and Mallory v. United States, 354 U.S. 449 (1957), U.S. Supreme Court cases that established the rule

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Cite this Entry

“McNabb-Mallory rule.” Legal Dictionary, Merriam-Webster, Accessed 26 Sep. 2021.

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