McNabb v. United States

law case

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July 21, 2026

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In criminal law, interrogation is the process by which police obtain evidence through questioning. The admissibility of confessions obtained during interrogation is a key concern, particularly in the United States, where safeguards like the Miranda warning inform suspects of their right to remain silent and to have legal counsel present.12

The case of McNabb v. United States (1943) established a rule that confessions obtained after an unreasonable delay in taking suspects to court for arraignment could not be used as evidence in federal court. This rule aimed to prevent coercive interrogation tactics by limiting the time police could hold suspects without bringing them before a judge. While this rule has been somewhat modified, courts still scrutinize confessions secured during lengthy interrogations prior to arraignment.1

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confession
Confession in contemporary U.S. law
…first announced this rule in McNabb v. United States (1943), in a decision that nullified two second-degree-murder convictions because they were based almost entirely on confessions made after the defendants were subjected to three days of police questioning in the absence of counsel. Fifteen years later, in Mallory v. United…
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…first announced this rule in McNabb v. United States (1943), in a decision that nullified two second-degree-murder convictions because they were based almost entirely on confessions made after the defendants were subjected to three days of police questioning in the absence of counsel. Fifteen years later, in Mallory v. United…
Read More