OPINION OF THE COURT
CORLEY V. UNITED STATES
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-10441
JOHNNIE CORLEY, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states court of
appeals for the third circuit
[April 6, 2009]
Justice Souter delivered the
opinion of the Court.
The question here is whether
Congress intended 18 U. S. C. §3501 to discard, or merely to
narrow, the rule in
McNabb v.
United States,
318 U. S. 332 (1943), and
Mallory v.
United States,
354 U. S. 449 (1957), under which an
arrested person’s confession is inadmissible if given after an
unreasonable delay in bringing him before a judge. We hold that
Congress meant to limit, not eliminate,
McNabb-Mallory.
I
A
The common law obliged an
arresting officer to bring his prisoner before a magistrate as soon
as he reasonably could. See
County of Riverside v.
McLaughlin,
500 U. S. 44, 61–62
(1991) (Scalia, J., dissenting). This “presentment” requirement
tended to prevent secret detention and served to inform a suspect
of the charges against him, and it was the law in nearly every
American State and the National Government. See
id., at
60–61;
McNabb,
supra, at 342, and n. 7.
McNabb v.
United
States raised the question of how to enforce a number of
federal statutes codifying the presentment rule. 318 U. S., at 342
(citing, among others, 18 U. S. C. §595 (1940 ed.), which
provided that “ ‘[i]t shall be the duty of the marshal … who
may arrest a person … to take the defendant before the nearest …
judicial officer … for a hearing’ ”). There, federal agents
flouted the requirement by interrogating several murder suspects
for days before bringing them before a magistrate, and then only
after they had given the confessions that convicted them. 318 U.
S., at 334–338, 344–345.
On the defendants’ motions to exclude the
confessions from evidence, we saw no need to reach any
constitutional issue. Instead we invoked the supervisory power to
establish and maintain “civilized standards of procedure and
evidence” in federal courts,
id., at 340, which we
exercised for the sake of making good on the traditional obligation
embodied in the federal presentment legislation. We saw both the
statutes and the traditional rule as aimed not only at checking the
likelihood of resort to the third degree but meant generally to
“avoid all the evil implications of secret interrogation of persons
accused of crime.”
Id., at 344. We acknowledged that
“Congress ha[d] not explicitly forbidden the use of evidence …
procured” in derogation of the presentment obligation,
id., at 345, but we realized that “permit[ting] such
evidence to be made the basis of a conviction in the federal courts
would stultify the policy which Congress ha[d] enacted into law,”
ibid., and in the exercise of supervisory authority we
held confessions inadmissible when obtained during unreasonable
presentment delay.
Shortly after
McNabb, the combined
action of the Judicial Conference of the United States and Congress
produced Federal Rule of Criminal Procedure 5(a), which pulled the
several statutory presentment provisions together in one place. See
Mallory,
supra, at 452 (describing Rule 5(a) as
“a compendious restatement, without substantive change, of several
prior specific federal statutory provisions”). As first enacted,
the rule told “[a]n officer making an arrest under a warrant issued
upon a complaint or any person making an arrest without a warrant
[to] take the arrested person without unnecessary delay before the
nearest available commissioner or before any other nearby officer
empowered to commit persons charged with offenses against the laws
of the United States.” Fed. Rule Crim. Proc. 5(a) (1946). The
rule remains much the same today: “A person making an arrest within
the United States must take the defendant without unnecessary delay
before a magistrate judge … .” Fed. Rule Crim.
Proc. 5(a)(1)(A) (2007).
A case for applying
McNabb and Rule
5(a) together soon arose in
Upshaw v.
United
States,
335 U.
S. 410 (1948). Despite the Government’s confession of error,
the D. C. Circuit had thought
McNabb’s exclusionary
rule applied only to involuntary confessions obtained by coercion
during the period of delay, 335 U. S., at 411–412, and so held the
defendant’s voluntary confession admissible into evidence
.
This was error, and we reiterated the reasoning of a few years
earlier. “In the
McNabb case we held that the plain
purpose of the requirement that prisoners should promptly be taken
before committing magistrates was to check resort by officers to
‘secret interrogation of persons accused of crime.’ ”
Id., at 412 (quoting
McNabb,
supra, at
344).
Upshaw consequently emphasized that even voluntary
confessions are inadmissible if given after an unreasonable delay
in presentment. 335 U. S., at 413.
We applied Rule 5(a) again in
Mallory
v.
United States, holding a confession given seven hours
after arrest inadmissible for “unnecessary delay” in presenting the
suspect to a magistrate, where the police questioned the suspect
for hours “within the vicinity of numerous committing magistrates.”
354 U. S., at 455. Again, we repeated the reasons for the rule and
explained, as we had before and have since, that delay for the
purpose of interrogation is the epitome of “unnecessary delay.”
Id., at 455–456; see also
McLaughlin, 500 U. S.,
at 61 (Scalia, J., dissenting) (“It was clear” at common law “that
the only element bearing upon the reasonableness of delay was not
such circumstances as the pressing need to conduct further
investigation, but the arresting officer’s ability, once the
prisoner had been secured, to reach a magistrate”);
Upshaw,
supra, at 414. Thus, the rule known
simply as
McNabb-Mallory “generally render[s] inadmissible
confessions made during periods of detention that violat[e] the
prompt presentment requirement of Rule 5(a).”
United
States v.
Alvarez-Sanchez,
511 U. S. 350, 354 (1994).
There the law remained until 1968, when
Congress enacted 18 U. S. C. §3501 in response to
Miranda v.
Arizona,
384 U. S. 436 (1966),
and to the application of
McNabb-Mallory in some federal
courts. Subsections (a) and (b) of §3501 were meant to eliminate
Miranda.[
Footnote 1]
See
Dickerson v.
United States,
530 U. S. 428, 435–437 (2000);
infra, at 13–14. Subsection (a) provides that “[i]n any
criminal prosecution brought by the United States … , a confession
. . . shall be admissible in evidence if it is voluntarily given,”
while subsection (b) lists several considerations for courts to
address in assessing voluntariness.[
Footnote 2] Subsection (c), which focused on
McNabb-Mallory, see
infra, at 13–14, provides
that in any federal prosecution, “a confession made … by … a
defendant therein, while such person was under arrest … ,
shall not be inadmissible solely because of delay in bringing such
person before a magistrate judge … if such confession is found by
the trial judge to have been made voluntarily … and if such
confession was made . . . within six hours [of arrest]”; the
six-hour time limit is extended when further delay is “reasonable
considering the means of transportation and the distance to be
traveled to the nearest available [magistrate].”[
Footnote 3]
The issue in this case is whether Congress
intended §3501(a) to sweep
McNabb-Mallory’s exclusionary
rule aside entirely, or merely meant §3501(c) to provide
immunization to voluntary confessions given within six hours of a
suspect’s arrest.
B
Petitioner Johnnie Corley was
suspected of robbing a bank in Norristown, Pennsylvania. After
federal agents learned that Corley was subject to arrest on an
unrelated local matter, some federal and state officers went
together to execute the state warrant on September 17, 2003, and
found him just as he was pulling out of a driveway in his car.
Corley nearly ran over one officer, then jumped out of the car,
pushed the officer down, and ran. The agents gave chase and caught
and arrested him for assaulting a federal officer. The arrest
occurred about 8 a.m. 500 F. 3d 210, 212 (CA3 2007).
FBI agents first kept Corley at a
local police station while they questioned residents near the place
he was captured. Around 11:45 a.m. they took him to a Philadelphia
hospital to treat a minor cut on his hand that he got during the
chase. At 3:30 p.m. the agents took him from the hospital to the
Philadelphia FBI office and told him that he was a suspect in the
Norristown bank robbery. Though the office was in the same building
as the chambers of the nearest magistrate judges, the agents did
not bring Corley before a magistrate, but questioned him instead,
in hopes of getting a confession. App. 68–69, 83, 138–139.
The agents’ repeated arguments sold Corley on
the benefits of cooperating with the Government, and he signed a
form waiving his
Miranda rights. At 5:27 p.m., some 9.5
hours after his arrest, Corley began an oral confession that he
robbed the bank,
id., at 62, and spoke on in this vein
until about 6:30, when agents asked him to put it all in writing.
Corley said he was tired and wanted a break, so the agents decided
to hold him overnight and take the written statement the next
morning. At 10:30 a.m. on September 18 they began the interrogation
again, which ended when Corley signed a written confession. He was
finally presented to a magistrate at 1:30 p.m. that day, 29.5 hours
after his arrest. 500 F. 3d, at 212.
Corley was charged with armed bank robbery, 18
U. S. C. §2113(a), (d), conspiracy to commit armed bank
robbery, §371, and using a firearm in furtherance of a crime of
violence, §924(c). When he moved to suppress his oral and written
confessions under Rule 5(a) and
McNabb-Mallory, the
District Court denied the motion, with the explanation that the
time Corley was receiving medical treatment should be excluded from
the delay, and that the oral confession was thus given within the
six-hour window of §3501(c). Crim. No. 03–775 (ED Pa., May 10,
2004), App. 97. The District Court also held Corley’s written
confession admissible, reasoning that “a break from interrogation
requested by an arrestee who has already begun his confession does
not constitute unreasonable delay under Rule 5(a).”
Id.,
at 97–98. Corley was convicted of conspiracy and armed robbery but
acquitted of using a firearm during a crime of violence. 500
F. 3d, at 212–213.
A divided panel of the Court of Appeals for
the Third Circuit affirmed the conviction, though its rationale for
rejecting Corley’s Rule 5(a) argument was different from the
District Court’s. The panel majority considered itself bound by
Circuit precedent to the effect that §3501 entirely abrogated the
McNabb-Mallory rule and replaced it with a pure
voluntariness test. See 500 F. 3d, at 212 (citing
Government of the Virgin Islands v.
Gereau, 502
F. 2d 914 (CA3 1974)). As the majority saw it, if a district
court found a confession voluntary after considering the points
listed in §3501(b), it would be admissible, regardless of whether
delay in presentment was unnecessary or unreasonable. 500
F. 3d, at 217. Judge Sloviter read
Gereau differently
and dissented with an opinion that “§3501 does not displace Rule
5(a)” or abrogate
McNabb-Mallory for presentment delays
beyond six hours. 500 F. 3d, at 236.
We granted certiorari to resolve a division in
the Circuit Courts on the reach of §3501. 554 U. S. ___ (2008).
Compare
United States v.
Glover, 104 F. 3d
1570, 1583 (CA10 1997) (§3501 entirely supplanted
McNabb-Mallory);
United States v.
Christopher, 956 F. 2d 536, 538–539 (CA6 1991)
(same), with
United States v.
Mansoori, 304
F. 3d 635, 660 (CA7 2002) (§3501 limited the
McNabb-Mallory rule to periods more than six hours after
arrest);
United States v.
Perez, 733 F. 2d
1026, 1031–1032 (CA2 1984) (same).[
Footnote 4] We now vacate and remand.
II
The Government’s argument focuses
on §3501(a), which provides that any confession “shall be
admissible in evidence” in federal court “if it is voluntarily
given.” To the Government, subsection (a) means that once a
district court looks to the considerations in §3501(b) and finds a
confession voluntary, in it comes; (a) entirely eliminates
McNabb-Mallory with its bar to admitting even a voluntary
confession if given during an unreasonable delay in
presentment.
Corley argues that §3501(a) was
meant to overrule
Miranda and nothing more, with no effect
on
McNabb-Mallory, which §3501 touches only in subsection
(c). By providing that a confession “shall not be inadmissible
solely because of delay” in presentment if “made voluntarily and …
within six hours [of arrest],” subsection (c) leaves
McNabb-Mallory inapplicable to confessions given within
the six hours, but when a confession comes even later, the
exclusionary rule applies and courts have to see whether the delay
was unnecessary or unreasonable.
Corley has the better argument.
A
The fundamental problem with the
Government’s reading of §3501 is that it renders §3501(c)
nonsensical and superfluous. Subsection (c) provides that a
confession “shall not be inadmissible solely because of delay” in
presentment if the confession is “made voluntarily and . . . within
six hours [of arrest].” If (a) really meant that any voluntary
confession was admissible, as the Government contends, then (c)
would add nothing; if a confession was “made voluntarily” it would
be admissible, period, and never “inadmissible solely because of
delay,” no matter whether the delay went beyond six hours. There is
no way out of this, and the Government concedes it. Tr. of Oral
Arg. 33 (“Congress never needed (c); (c) in the [G]overnment’s view
was always superfluous”).
The Government’s reading is thus
at odds with one of the most basic interpretive canons, that
“ ‘[a] statute should be construed so that effect is given to
all its provisions, so that no part will be inoperative or
superfluous, void or insignificant … .’ ”
Hibbs
v.
Winn,
542
U. S. 88, 101 (2004) (quoting 2A N. Singer, Statutes and
Statutory Construction §46.06, pp.181–186 (rev. 6th ed.
2000)).[
Footnote 5] The
Government attempts to mitigate its problem by rewriting (c) into a
clarifying, if not strictly necessary, provision: although Congress
wrote that a confession “shall not be inadmissible solely because
of delay” if the confession is “made voluntarily and . . . within
six hours [of arrest],” the Government tells us that Congress
actually meant that a confession “shall not be [involuntary] solely
because of delay” if the confession is “[otherwise voluntary] and .
. . [made] within six hours [of arrest].” Thus rewritten, (c) would
coexist peacefully (albeit inelegantly) with (a), with (c) simply
specifying a bright-line rule applying (a) to cases of delay: it
would tell courts that delay alone does not make a confession
involuntary unless the delay exceeds six hours.
To this proposal, “ ‘[t]he short answer
is that Congress did not write the statute that way.’ ”
Russello v.
United States,
464 U. S. 16, 23 (1983)
(quoting
United States v.
Naftalin,
441 U. S. 768, 773
(1979)). The Government may say that we can sensibly read
“inadmissible” as “involuntary” because the words are “virtually
synonymous … in this statutory context,” Brief for United States
23, but this is simply not so. To begin with, Congress used both
terms in (c) itself, and “[w]e would not presume to ascribe this
difference to a simple mistake in draftsmanship.”
Russello,
supra, at 23. And there is, in fact,
every reason to believe that Congress used the distinct terms very
deliberately. Subsection (c) specifies two criteria that must be
satisfied to prevent a confession from being “inadmissible solely
because of delay”: the confession must be “[1] made voluntarily and
… [2] within six hours [of arrest].” Because voluntariness is thus
only one of several criteria for admissibility under (c),
“involuntary” and “inadmissible” plainly cannot be synonymous. What
is more, the Government’s argument ignores the fact that under the
McNabb-Mallory rule, which we presume Congress was aware
of,
Cannon v.
University of Chicago,
441 U. S. 677, 699
(1979), “inadmissible” and “involuntary” mean different things. As
we explained before and as the Government concedes,
McNabb-Mallory makes even voluntary confessions
inadmissible if given after an unreasonable delay in presentment,
Upshaw, 335 U. S., at 413; Tr. of Oral Arg. 33 (“[I]t was
well understood that
McNabb-Mallory … excluded totally
voluntary confessions”). So we cannot accept the Government’s
attempt to confuse the critically distinct terms “involuntary” and
“inadmissible” by rewriting (c) into a bright-line rule doing
nothing more than applying (a).
Corley’s position, in contrast, gives effect
to both (c) and (a), by reading (a) as overruling
Miranda
and (c) as qualifying
McNabb-Mallory. The Government
answers, however, that accepting Corley’s argument would result in
a different problem: it would create a conflict between (c) and
(a), since (a) provides that all voluntary confessions are
admissible while Corley’s reading of (c) leaves some voluntary
confessions inadmissible. But the Government’s counterargument
falls short for two reasons. First, even if (a) is read to be at
odds with (c), the conflict is resolved by recognizing that (a) is
a broad directive while (c) aims only at
McNabb-Mallory,
and “a more specific statute will be given precedence over a more
general one … .”
Busic v.
United States,
446 U. S. 398,
406 (1980). Second, and more fundamentally, (a) cannot prudently be
read to create a conflict with (c), not only because it would make
(c) superfluous, as explained, but simply because reading (a) that
way would create conflicts with so many other rules that the
subsection cannot possibly be given its literal scope. Subsection
(a) provides that “[i]n any criminal prosecution brought by the
United States … , a confession … shall be admissible in
evidence if it is voluntarily given,” and §3501(e) defines
“confession” as “any confession of guilt of any criminal offense or
any self-incriminating statement made or given orally or in
writing.” Thus, if the Government seriously urged a literal
reading, (a) would mean that “in any criminal prosecution brought
by the United States … , [‘any self-incriminating statement’
with respect to ‘any criminal offense’] … shall be admissible in
evidence if it is voluntarily given.” Thus would many a Rule of
Evidence be overridden in case after case: a defendant’s
self-incriminating statement to his lawyer would be admissible
despite his insistence on attorney-client privilege; a fourth-hand
hearsay statement the defendant allegedly made would come in; and a
defendant’s confession to an entirely unrelated crime committed
years earlier would be admissible without more. These are some of
the absurdities of literalism that show that Congress could not
have been writing in a literalistic frame of mind.[
Footnote 6]
B
As it turns out, there is more
than
reductio ad absurdum and the antisuperfluousness
canon to confirm that subsection (a) leaves
McNabb-Mallory
alone, for that is what legislative history says. In fact, the
Government concedes that subsections (a) and (b) were aimed at
Miranda, while subsection (c) was meant to modify the
presentment exclusionary rule. Tr. of Oral Arg. 38 (“I will concede
to you … that section (a) was considered to overrule
Miranda, and subsection (c) was addressed to
McNabb-Mallory”). The concession is unavoidable. The
Senate, where §3501 originated, split the provision into two parts:
Division 1 contained subsections (a) and (b), and Division 2
contained subsection (c). 114 Cong. Rec. 14171 (1968). In the
debate on the Senate floor immediately before voting on these
proposals, several Senators, including the section’s prime sponsor,
Senator McClellan, explained that Division 1 “has to do with the
Miranda decision,” while Division 2 related to
Mallory. 114 Cong. Rec. 14171–14172. This distinct intent
was confirmed by the separate Senate votes adopting the two
measures, Division 1 by 55 to 29 and Division 2 by 58 to 26,
id., at 14171–14172, 14174–14175; if (a) did abrogate
McNabb-Mallory, as the Government claims, then voting for
Division 2 would have been entirely superfluous, for the Division 1
vote would already have done the job. That aside, a sponsor’s
statement to the full Senate carries considerable weight, and
Senator McClellan’s explanation that Division 1 was specifically
addressed to
Miranda confirms that (a) and (b) were never
meant to reach far enough to abrogate other background evidentiary
rules including
McNabb-Mallory.
Further legislative history not
only drives that point home, but conclusively shows an intent that
subsection (c) limit
McNabb-Mallory, not replace it. In
its original draft, subsection (c) would indeed have done away with
McNabb-Mallory completely, for the bill as first written
would have provided that “[i]n any criminal prosecution by the
United States … , a confession made or given by a person who
is a defendant therein … shall not be inadmissible solely because
of delay in bringing such person before a [magistrate] if such
confession is … made voluntarily.” S. 917, 90th Cong., 2d Sess.,
44–45 (1968) (as reported by Senate Committee on the Judiciary);
114 Cong. Rec. 14172. The provision so conceived was resisted,
however, by a number of Senators worried about allowing indefinite
presentment delays. See,
e.g.,
id., at 11740,
13990 (Sen. Tydings) (the provision would “permit Federal criminal
suspects to be questioned indefinitely before they are presented to
a committing magistrate”);
id., at 12290 (Sen. Fong) (the
provision “would open the doors to such practices as holding
suspects incommunicado for an indefinite period”). After Senator
Tydings proposed striking (c) from the bill altogether,
id., at 13651 (Amendment No. 788), Senator Scott
introduced the compromise of qualifying (c) with the words:
“ ‘and if such confession was made or given by such person
within six hours following his arrest or other detention.’ ”
Id., at 14184–14185 (Amendment No. 805).[
Footnote 7] The amendment was intended to
confine
McNabb-Mallory to excluding only confessions given
after more than six hours of delay, see 114 Cong. Rec. 14184
(remarks of Sen. Scott) (“My amendment provides that the period
during which confessions may be received … shall in no case exceed
6 hours”), and it was explicitly modeled on the provision Congress
had passed just months earlier to govern presentment practice in
the District of Columbia, Title III of An Act Relating to Crime and
Criminal Procedure in the District of Columbia (D. C. Crime
Act), §301(b), 81 Stat. 735–736, see,
e.g., 114 Cong. Rec.
14184 (remarks of Sen. Scott) (“My amendment is an attempt to
conform, as nearly as practicable, to Title III of [the D. C.
Crime Act]”). By the terms of that Act, “[a]ny statement,
admission, or confession made by an arrested person within three
hours immediately following his arrest shall not be excluded from
evidence in the courts of the District of Columbia solely because
of delay in presentment.” §301(b), 81 Stat. 735–736. Given the
clear intent that Title III modify but not eliminate
McNabb-Mallory in the District of Columbia, see,
e.g., S. Rep. No. 912, 90th Cong., 1st Sess., 17–18
(1967), using it as a model plainly shows how Congress meant as
much but no more in §3501(c).
In sum, the legislative history strongly
favors Corley’s reading. The Government points to nothing in this
history supporting its view that (c) created a bright-line rule for
applying (a) in cases with a presentment issue.
C
It also counts heavily against
the position of the United States that it would leave the Rule 5
presentment requirement without any teeth, for as the Government
again is forced to admit, if there is no
McNabb-Mallory
there is no apparent remedy for delay in presentment. Tr. of Oral
Arg. 25. One might not care if the prompt presentment requirement
were just some administrative nicety, but in fact the rule has
always mattered in very practical ways and still does. As we said,
it stretches back to the common law, when it was “one of the most
important” protections “against unlawful arrest.”
McLaughlin, 500 U. S., at 60–61 (Scalia, J., dissenting).
Today presentment is the point at which the judge is required to
take several key steps to foreclose Government overreaching:
informing the defendant of the charges against him, his right to
remain silent, his right to counsel, the availability of bail, and
any right to a preliminary hearing; giving the defendant a chance
to consult with counsel; and deciding between detention or release.
Fed. Rule Crim. Proc. 5(d); see also Rule 58(b)(2).
In a world without
McNabb-Mallory, federal agents would be free to question
suspects for extended periods before bringing them out in the open,
and we have always known what custodial secrecy leads to. See
McNabb,
318 U. S. 332. No one with any
smattering of the history of 20th-century dictatorships needs a
lecture on the subject, and we understand the need even within our
own system to take care against going too far. “[C]ustodial police
interrogation, by its very nature, isolates and pressures the
individual,”
Dickerson, 530 U. S., at 435, and there is
mounting empirical evidence that these pressures can induce a
frighteningly high percentage of people to confess to crimes they
never committed, see,
e.g., Drizin & Leo, The Problem
of False Confessions in the Post-DNA World, 82 N. C. L. Rev. 891,
906–907 (2004).
Justice Frankfurter’s point in
McNabb
is as fresh as ever: “The history of liberty has largely been the
history of observance of procedural safeguards.” 318 U. S., at 347.
McNabb-Mallory is one of them, and neither the text nor
the history of §3501 makes out a case that Congress meant to do
away with it.
III
The Government’s fallback claim
is that even if §3501 preserved a limited version of
McNabb-Mallory, Congress cut out the rule altogether by
enacting Federal Rule of Evidence 402 in 1975. Act of Jan. 2, Pub.
L. 93–595, 88 Stat. 1926. So far as it might matter here, that rule
provides that “[a]ll relevant evidence is admissible, except as
otherwise provided by the Constitution of the United States, by Act
of Congress, by these rules, or by other rules prescribed by the
Supreme Court pursuant to statutory authority.” The Government says
that
McNabb-Mallory excludes relevant evidence in a way
not “otherwise provided by” any of these four authorities, and so
has fallen to the scythe.
The Government never raised this
argument in the Third Circuit or the District Court, which would
justify refusing to consider it here, but in any event it has no
merit. The Advisory Committee’s Notes on Rule 402, which were
before Congress when it enacted the Rules of Evidence and which we
have relied on in the past to interpret the rules,
Tome v.
United States,
513 U. S. 150, 160
(1995) (plurality opinion), expressly identified
McNabb-Mallory as a statutorily authorized rule that would
survive Rule 402: “The Rules of Civil and Criminal Procedure in
some instances require the exclusion of relevant evidence. For
example, … the effective enforcement of … Rule 5(a) … is held
to require the exclusion of statements elicited during detention in
violation thereof.” 28 U. S. C. App., pp. 325–326 (citing
Mallory,
354 U. S. 449, and 18 U. S. C.
§3501(c)); see also
Mallory,
supra, at 451
(“Th[is] case calls for a proper application of Rule 5(a) of the
Federal Rules of Criminal Procedure …”). Indeed, the Government has
previously conceded before this Court that Rule 402 preserved
McNabb-Mallory. Brief for United States in
United
States v.
Payner, O. T. 1979, No. 78–1729,
p. 32, and n. 13 (1979) (saying that Rule 402 “left to
the courts … questions concerning the propriety of excluding
relevant evidence as a method of implementing the Constitution, a
federal statute, or a statutorily authorized rule,” and citing
McNabb-Mallory as an example). The Government was right
the first time, and it would be bizarre to hold that Congress
adopted Rule 402 with a purpose exactly opposite to what the
Advisory Committee Notes said the rule would do.
IV
We hold that §3501 modified
McNabb-Mallory without supplanting it. Under the rule as
revised by §3501(c), a district court with a suppression claim must
find whether the defendant confessed within six hours of arrest
(unless a longer delay was “reasonable considering the means of
transportation and the distance to be traveled to the nearest
available [magistrate]”). If the confession came within that
period, it is admissible, subject to the other Rules of Evidence,
so long as it was “made voluntarily and … the weight to be given
[it] is left to the jury.”
Ibid. If the confession
occurred before presentment and beyond six hours, however, the
court must decide whether delaying that long was unreasonable or
unnecessary under the
McNabb-Mallory cases, and if it was,
the confession is to be suppressed.
In this case, the Third Circuit
did not apply this rule and in consequence never conclusively
determined whether Corley’s oral confession “should be treated as
having been made within six hours of arrest,” as the District Court
held. 500 F. 3d, at 220, n. 7. Nor did the Circuit
consider the justifiability of any delay beyond six hours if the
oral confession should be treated as given outside the six-hour
window; and it did not make this enquiry with respect to Corley’s
written confession. We therefore vacate the judgment of the Court
of Appeals and remand the case for consideration of those issues in
the first instance, consistent with this opinion.
It is so ordered.
Footnote 1
We rejected this attempt to overrule
Miranda in
Dickerson v.
United States,
530 U. S. 428 (2000).
Footnote 2
In full, subsections (a) and (b) provide:
“(a) In any criminal prosecution brought by
the United States or by the District of Columbia, a confession, as
defined in subsection (e) hereof, shall be admissible in evidence
if it is voluntarily given. Before such confession is received in
evidence, the trial judge shall, out of the presence of the jury,
determine any issue as to voluntariness. If the trial judge
determines that the confession was voluntarily made it shall be
admitted in evidence and the trial judge shall permit the jury to
hear relevant evidence on the issue of voluntariness and shall
instruct the jury to give such weight to the confession as the jury
feels it deserves under all the circumstances.
“(b) The trial judge in determining the issue
of voluntariness shall take into consideration all the
circumstances surrounding the giving of the confession, including
(1) the time elapsing between arrest and arraignment of the
defendant making the confession, if it was made after arrest and
before arraignment, (2) whether such defendant knew the nature of
the offense with which he was charged or of which he was suspected
at the time of making the confession, (3) whether or not such
defendant was advised or knew that he was not required to make any
statement and that any such statement could be used against him,
(4) whether or not such defendant had been advised prior to
questioning of his right to the assistance of counsel; and (5)
whether or not such defendant was without the assistance of counsel
when questioned and when giving such confession.
“The presence or absence of any of the
above-mentioned factors to be taken into consideration by the judge
need not be conclusive on the issue of voluntariness of the
confession.”
Footnote 3
In full, subsection (c) provides:
“In any criminal prosecution by the United
States or by the District of Columbia, a confession made or given
by a person who is a defendant therein, while such person was under
arrest or other detention in the custody of any law-enforcement
officer or law-enforcement agency, shall not be inadmissible solely
because of delay in bringing such person before a magistrate judge
or other officer empowered to commit persons charged with offenses
against the laws of the United States or of the District of
Columbia if such confession is found by the trial judge to have
been made voluntarily and if the weight to be given the confession
is left to the jury and if such confession was made or given by
such person within six hours immediately following his arrest or
other detention:
Provided, That the time limitation
contained in this subsection shall not apply in any case in which
the delay in bringing such person before such magistrate judge or
other officer beyond such six-hour period is found by the trial
judge to be reasonable considering the means of transportation and
the distance to be traveled to the nearest available such
magistrate judge or other officer.”
Footnote 4
We granted certiorari to resolve this
question once before, in
United States v.
Alvarez-Sanchez,
511 U. S. 350 (1994), but ultimately
resolved that case on a different ground,
id., at
355–360.
Footnote 5
The dissent says that the antisuperfluousness
canon has no place here because “there is nothing ambiguous about
the language of §3501(a).”
Post, at 2 (opinion of Alito,
J.). But this response violates “the cardinal rule that a statute
is to be read as a whole,”
King v.
St. Vincent’s
Hospital,
502
U. S. 215, 221 (1991). Subsection 3501(a) seems clear only if
one ignores the absurd results of a literal reading,
infra, at 11–12, and only until one reads §3501(c) and
recognizes that if (a) means what it literally says, (c) serves no
purpose. Even the dissent concedes that when (a) and (c) are read
together, “[t]here is simply no perfect solution to the problem
before us.”
Post, at 4. Thus, the dissent’s point that
subsection (a) seems clear when read in isolation proves nothing,
for “[t]he meaning—or ambiguity—of certain words or phrases may
only become evident when placed in context.”
FDA v.
Brown & Williamson Tobacco Corp.,
529 U. S. 120, 132
(2000). When subsection (a) is read in context, there is no
avoiding the question, “What could Congress have been getting at
with both (a) and (c)?” The better answer is that Congress meant to
do just what Members explicitly said in the legislative record. See
infra, at 13–15.
Footnote 6
The dissent seeks to avoid these absurd
results by claiming that “§3501(a) does not supersede ordinary
evidence Rules,”
post, at 10, but its only argument for
this conclusion is that “there is no reason to suppose that
Congress meant any such thing,”
post, at 9. The dissent is
certainly correct that there is no reason to suppose that Congress
meant any such thing; that is what our
reductio ad
absurdum shows. But that leaves the dissent saying, “§3501(a)
must be read literally” (rendering §3501(c) superfluous), “but not
too literally” (so that it would override other Rules of Evidence).
The dissent cannot have it both ways. If it means to profess
literalism it will have to take the absurdity that literalism
brings with it; “
credo quia absurdum” (as Tertullian may
have said). If it will not take the absurd, then its literalism is
no alternative to our reading of the statute.
Footnote 7
The proviso at the end of (c) relating to
reasonable delays caused by the means of transportation and
distance to be traveled came later by separate amendment. 114 Cong.
Rec. 14787.
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