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(F) THE ADMISSIBILITY STATE’ENTS TAKEN BEFCRE COM™, Dont. -~ Because of "~~ trie extreme import’ te to the Burcau's inves ‘tigatiy operations, your attention is calla co the opinion of the Supreme G urt on March 1, 1943 in CAC i the case entitled "McNABB et. al. vs.’ THE UNTTED STAT." . | LETER v In this case, the Court ruled thet confessions which had been taken from defendants held i custody a period of 48 hours without having ‘been delivered before a conmitting officer were, therefore, inadmissible in evi- dence, In suppors of this decision, tne Court cited the enpovering statutes which limit the functicns cf federal officers to make arrests and thereafter immediately taking the vrisener before the committing magistrate, It was indicated that a statement taken from the defendant during the period when the arresting officcrs were exceeding their authority by holding them with out legal commitment was improper, The above case was cited as authority in the case entitled ™IT= CHELL CLIFTON ANDRRSOK et. al, vs. THE UNITED STATEO", decided the same day in wnich the dcfencants were held in custody six days by state authorities, but, during that pericd, were questioned by federal cfficers, resulting in the execution of statements against interest. In reaching itu decision, the Court specifically overruled the Government1s contention that the stalements shouid ve admissible because they were voluntary. In view of these decisions, I cannot impress upon you toc strongly the necessity for strict compliance with the requirements of the act of 1 June 18, 1934, authorizing agents of this Bureau to make arrests that "per- i sons arrested shall be immediately taken before a committing officer," eet ed / QATGTIMAT, TTF TN “ / wy ~ ne * or v HEAP ry ROT nid J, ED iby | ~~ RPT A TAS = om ER aa i + can eis