McNabb-Mallory Rule

McNabb-Mallory Rule
The rule that when a defendant has been detained for an unreasonably long time between arrest and a preliminary hearing, confessions obtained during that time are not admissible. This rule rarely comes into play because of the broader protections afforded by the Miranda rule. (See also: Miranda warnings)
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


McNabb-Mallory rule
A federal judicial doctrine that operates to exclude from evidence a confession that is obtained from a person who was not brought before a judicial officer promptly after the person's arrest.

Dictionary from West's Encyclopedia of American Law. 2005.


McNabb-Mallory rule
A federal judicial doctrine that operates to exclude from evidence a confession that is obtained from a person who was not brought before a judicial officer promptly after the person's arrest.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

McNabb-Mallory rule
n.
   a federal rule of evidence in criminal trials that prohibits the use of incriminating statements made by a defendant while he/she is detained beyond the legal period of time before being brought before a judge or magistrate (arraignment). This rule is seldom applied since the courts have become zealous about speedy arraignments and warnings to the accused about the right to remain silent and have a lawyer present.
   See also: Miranda warning

Law dictionary. . 2013.

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Look at other dictionaries:

  • McNabb–Mallory rule — Mc·Nabb–Mal·lo·ry rule /mək nab ma lə rē / n [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]: a doctrine in criminal procedure: an arrestee …   Law dictionary

  • McNabb-Mallory rule — The McNabb Mallory rule (sometimes referred to as just the Mallory rule) refers to the U.S. rule of evidence that a confession is inadmissible if obtained during an unreasonably long period of detention between arrest and preliminary hearing. The …   Wikipedia

  • McNabb-Mallory Rule — The rule which requires that a suspect be promptly brought before a magistrate or else incriminating statements made by him during the illegal detention will be suppressed. McNabb v. U. S., 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, and Mallory v …   Black's law dictionary

  • McNabb-Mallory Rule — The rule which requires that a suspect be promptly brought before a magistrate or else incriminating statements made by him during the illegal detention will be suppressed. McNabb v. U. S., 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, and Mallory v …   Black's law dictionary

  • Mallory Rule — Rule derived from case of the same name in which the court held that a confession given by one who had been detained an unreasonable time before being brought before magistrate was inadmissible though it was otherwise voluntary and trustworthy.… …   Black's law dictionary

  • Mallory Rule — Rule derived from case of the same name in which the court held that a confession given by one who had been detained an unreasonable time before being brought before magistrate was inadmissible though it was otherwise voluntary and trustworthy.… …   Black's law dictionary

  • Mallory (disambiguation) — Mallory is an English surname and given name. Mallory may also refer to: Mallory, West Virginia Mallory Township, Clayton County, Iowa Mallory Airport, an airport in West Virginia, United States Mallory Park, a motor racing circuit in… …   Wikipedia

  • search — consists of looking for or seeking out that which is otherwise concealed from view. People v. Carlson, Colo., 677 P.2d 310, 316. An examination of a person s house or other buildings or premises, or of his person, or of his vehicle, aircraft, etc …   Black's law dictionary

  • List of law topics (F-M) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • illegally obtained evidence — Evidence which is obtained in violation of defendant s rights because officers had no warrant and no probable cause to arrest or because the warrant was defective and no valid grounds existed for seizure without a warrant. Evidence secured in… …   Black's law dictionary

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