BLOG BULLETS: McNabb–Mallory doesn’t apply to time in state custody before being passed on to the fed’s. But there’s an exception if the state custody is part of a “working arrangement” between the state cops and the federal agents. Justice Stevens suggested such working arrangements wouldn’t be that uncommon, so push the envelope on this […]

BLOG BULLETS: Think about the McNabb–Mallory rule in addition to Mirandaand voluntariness. The McNabb–Mallory rule requires suppression of statements obtained after any delay of more than six hours in bringing the defendant to court after arrest, unless the government shows the delay is reasonable. Prior Ninth Circuit law suggesting suppression for violation of the rule […]

Today, we have what’s really Part 2 of Dan Broderick’s blog last week on materiality and bank fraud related prosecutions. This post is on the related offense of false statement in a loan application in violation of 18 U.S.C. § 1014. BLOG BULLETS: Materiality isn’t an element of the 18 U.S.C. § 1014 offense of […]