The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, April 1, 1957
Decision: Monday, June 24, 1957
Issues: Federal Rules of Criminal Procedure
Categories: confessions, criminal, fifth amendment, self-incrimination

Advocates

Edward L. Barrett, Jr. (Argued the cause for the United States)
William B. Bryant (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.

Question

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

Conclusion

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Mallory, 0 vote(s) against
Legal Provision: Federal Rules of Criminal Procedure (or relevant rules of a circuit court)
Voted with the majority
Warren
Voted with the majority
Black
Wrote the majority opinion
Frankfurter
Voted with the majority
Douglas
Voted with the majority
Burton
Voted with the majority
Clark
Voted with the majority
Harlan
Voted with the majority
Brennan
Voted with the majority
Whittaker
Full Opinion by Justice Felix Frankfurter

Cite this page

The Oyez Project, Mallory v. United States, 354 U.S. 449 (1957),
available at: <http://www.oyez.org/cases/1950-1959/1956/1956_521/>
(last visited ).