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Case Basics
Docket No. 
United States
(Argued the cause for the United States)
(Argued the cause for the petitioner)
Facts of the Case 

Andrew Mallory was arrested by federal officers on charges of rape. Upon arresting Mallory, the officers questioned him until he confessed roughly seven hours later. After the confession, the police officers sought to reach a United States Commissioner for the purpose of arraigning Mallory.


Did the questioning of Mallory prior to his appearance before a commissioner violate Due Process and the Federal Rules of Criminal Procedure?

Decision: 9 votes for Mallory, 0 vote(s) against
Legal provision: Federal Rules of Criminal Procedure (or relevant rules of a circuit court)

In a unanimous decision, the Court held that the arraignment of Mallory was not accomplished "without unnecessary delay," violating the Federal Rules of Criminal Procedure. The Court noted that Mallory was not told of his rights to counsel or to a preliminary examination before a magistrate, nor of his right to remain silent. "Not until he had confessed, when any judicial caution had lost its purpose, did the police arraign him." The Court held that it was not the function of the police to arrest people at large and interrogate them at police headquarters in order to determine whom they should charge before approaching a commissioner.

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MALLORY v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 25 August 2015. <>.
MALLORY v. UNITED STATES, The Oyez Project at IIT Chicago-Kent College of Law, (last visited August 25, 2015).
"MALLORY v. UNITED STATES," The Oyez Project at IIT Chicago-Kent College of Law, accessed August 25, 2015,