to submit to a lie-detector test. He was not told of his rights to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and "that any statement made by him may be used against him." After four hours of further detention at headquarters, during which arraignment could easily have been made in the same building in which the police headquarters were housed, petitioner was examined by the lie-detector operator for another hour and a half before his story began to waver. Not until he had confessed, when any judicial caution had lost its purpose, did the police arraign him. We cannot sanction this extended delay, resulting in confession, without subordinating the general rule of prompt arraignment to the discretion of arresting officers in finding exceptional circumstances for its disregard. In every case where the police resort to interrogation of an arrested person and secure a confession, they may well claim, and quite sincerely, that they were merely trying to check on the information given by him. Against such a claim and the evil potentialities of the practice for which it is urged stands Rule 5 (a) as a barrier. Nor is there an escape from the constraint laid upon the police by that Rule in that two other suspects were involved for the same crime. Presumably, whomever the police arrest they must arrest on "probable cause.' It is not the function of the police to arrest, as it were, at large and to use an interrogating process at police. headquarters in order to determine whom they should charge before a committing magistrate on "probable cause. Reversed and remanded. OF MICHIGAN MALLORY AND DURHAM RULES, INVESTIGATIVE ARRESTS AND AMENDMENTS TO CRIMINAL STATUTES OF DISTRICT OF COLUMBIA READING HEARINGS BEFORE THE COMMITTEE ON THE DISTRICT OF COLUMBIA UNITED STATES SENATE EIGHTY-EIGHTH CONGRESS FIRST AND SECOND SESSIONS ON H.R. 7525 RELATING TO CRIME AND CRIMINAL PROCEDURE IN THE S. 486 TO AMEND CERTAIN CRIMINAL LAWS APPLICABLE TO THE UNITED STATES OF AMERICA CONTENTS DEPORTED BY THE Page David C. Acheson, U.S. Attorney for the District of Columbia___ Roy E. Blick, Deputy Chief, Metropolitan Police Department, Wash- A. Julian Brylawski, president, District of Columbia Motion Pictures 819 Thomas J. Dougherty, assistant general counsel, Metromedia, Inc... Michael F. Mayer, executive director, Independent Film Importers & Laurence D. Richardson, Jr., vice president, Post-Newsweek Stations.. Walter N. Tobriner, President, Board of Commissioners, District of Crowell-Collier Broadcasting Corp., Joseph C. Drilling, president, letter, dated January 15, 1964 to Hon. Alan Bible. Freyman, Mrs. Evelyn, executive secretary, Washington-Baltimore area, American Federation of Television & Radio Artists, statement of.... Long, Hon. Edward V., U.S. Senator from the State of Missouri, letter and National Association of Broadcasters, Douglas A. Anello, general counsel, 773 801 774 WWDC, Inc., statement in behalf of... II. MISCELLANEOUS DATA |