Reading Room Document
Searches and Seizures
This document discusses the impact of the Supreme Court's decision in Mallory v. United States on the power of FBI agents to conduct consent searches of a defendant's premises after arrest and before arraignment. The document concludes that the Mallory decision does not prohibit all consent searches made between arrest and arraignment. It also presents the question of whether evidence obtained through a search made with the defendant's consent after confession should be admissible. The document provides examples of previous court decisions and principles to support the conclusion that freely consented searches made between arrest and arraignment are not prohibited.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit