Archive | Fed.R.Crim.P. 3

Thursday, June 25th, 2020

Remedy for a violation of the prompt-presentment rules of Fed.R.Crim.P. 5(c)(2) (concerning the “initial appearance” of someone arrested in a district “other than where the offense was allegedly committed”) isn’t “dismissal of the criminal case,” but an evidentiary sanction. In addition, a magistrate judge’s failure to sign the jurat on the last page of the supporting affidavit of the criminal complaint doesn’t render the complaint invalid, under Fed.R.Crim.P. 3, because the magistrate signed the criminal complaint, thereby attesting that the affiant’s assertions had been sworn before the magistrate. United States v. Peeples, No. 18-2309-cr, __F.3d__, 2020 WL 3406445 (June 22, 2020).

I.  Remedy for a violation of Fed.R.Crim.P. 5(c)(2)

Fed.R.Crim.P. 5(c)(2) governs the place for the “initial appearance” of someone “arrested in a district other than where the offense was allegedly committed” and the circumstances permitting the person’s transfer to a district outside the place of arrest. See Fed.R.Crim.P. 5(c)(2).

In United States v. Peeples, No. 18-2309-cr,  __F.3d__, 2020 WL 3406445  (June 22,  2020),  the government violated Fed.R.Crim.P. 5(c)(2) by removing Peeples from the district where he was arrested (the N.D.N.Y.) to the district of the crime  (the W.D.N.Y.) ,  without arranging for his “initial appearance” before a magistrate in the district of arrest (the N.D.N.Y.). The Circuit holds, however, that the remedy for this violation isn’t dismissal of the indictment, but the exclusion of prejudicial post-arrest evidence. And here, the government didn’t introduce Peeples’ post-arrests statements at the trial.

Peeples robbed a bank in Rochester, N.Y., located in the …

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Categories: Fed.R.Crim.P. 3, Fed.R.Crim.P. 5(c)(2), identification procedures

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