The opinion of the court was delivered by: COOPER
Our Circuit on January 13, 1971 set aside defendant's adjudication of juvenile delinquency upon the finding that "oral admissions made to an Assistant United States Attorney after his arrest and prior to his arraignment were unconstitutionally obtained *fn1"
] and that the introduction of these admissions into evidence against him at trial, over his objection,
was reversible error." 442 F.2d at 296.
Subsequent to the Government's petition for a rehearing on the ground that the Court's disposition was bottomed upon an issue "not called to the attention of the trial court by either party," the panel remanded the matter "so as to provide the Government the opportunity it desires, the evidentiary hearing to be limited to the Government's request, that of developing facts bearing upon the issue of delay prior to arraignment." 442 F.2d at 302.
Pursuant to our Circuit's mandate, an evidentiary hearing was held before us on May 6 and 7, 1971.
In their initial opinion reversing Binet's commitment, the Court concluded that the Government had failed to meet its " heavy burden to demonstrate that a confession taken from the accused was not the product of a period of detention or custody 'for a longer period than is necessary to produce the juvenile before a committing magistrate.'" 442 F.2d at 300 (emphasis added). The Court reaffirmed its ruling, first announced in United States v. Glover, 372 F.2d 43 (2d Cir. 1967), that the stimulus for enacting § 5035 was to confer upon juveniles minimum procedural safeguards sanctioned by implementation of the protective exclusionary rule. Accordingly, in determining whether the Government has satisfied this "heavy burden," we are governed by our Circuit's expression of the broad Congressional intention underlying this statutory section, and interpretation we endorse fully. As set forth in Glover :
Section 5035 evidences a strong Congressional concern with the protection of the rights of juveniles. Unless the juvenile is taken "forthwith" before a committing magistrate, detention shall not "be for a longer period than is necessary to produce the juvenile before a committing magistrate." There is here no hint of any purpose to allow detention for any other objective than prompt arraignment, before a judicial officer, so that the magistrate may explain and protect the juvenile's rights -- among others, the right against compulsory self-incrimination and the right to the assistance of counsel. The Act makes plain the concern of the Congress that those of adolescent age be kept separate from hardened adult offenders. We may assume that it was no less concerned with the greater need of the young and inexperienced for independent, unbiased advice as to the right to counsel and the right to refrain from self-incrimination, when interrogated by the police authorities.
Miranda v. State of Arizona, 384 U.S. 436, 444, 86 S. Ct. 1602, 1612, 16 L. Ed. 2d 694 (1965), held that "the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." In the case of a juvenile, compliance with the mandate of the Juvenile Act should be the minimum requirement of such safeguards. Treatment of an accused juvenile after arrest as a chattel in the possession of the officers, deliverable at will to the inspectors' officers for interrogation is a plain departure from the command of statute for forthwith production of the juvenile before a magistrate. Statements taken while the statute is being ignored in this fashion must be held inadmissible. (Emphasis as in opinion.) 372 F.2d at 46-47.
The unequivocal language of the statute and our Circuit's exposition of its aims lead us to conclude that where, as here, a period of seven and one-half (7 1/2) hours elapses between a juvenile's arrest on a weekday morning and his arraignment before the magistrate, such an extensive time period, in and of itself, is violative of 18 U.S.C. § 5035 unless justified by extraordinary circumstances. Cf. United States v. Beckom, 324 F. Supp. 253 (S.D.N.Y. 1971).
While we are satisfied of the honourable intentions of each governmental employee who had a hand in "processing" Binet's case during the 7 1/2 hour interval (there is not a shred of proof to the contrary), this cannot satisfy the statutory proscription which demands more than good faith and best intentions.
Although we have already succinctly stated our conclusion, the mandate prompting this report obligates us to elucidate.
Proceedings prior to attendance at the United States Courthouse
Since we rest our holding on what we consider the excessive length of the delay and therefore need not analyze in intricate detail the day's events, a general recital of what took place illustrates the non-extraordinary nature of the delay.
Binet was apprehended by postal investigative aid Hudland and taken to the General Post Office at approximately 7:00 A.M. (Tr. 4, 34). From 7:25 until 7:50, Postal Inspector Fuller informed each defendant individually of his rights. (Tr. 8, 29-30, 41-3, 45). Hudland then interviewed Binet from 7:55 until 8:10 eliciting pedigree information (Tr. 8-9); Binet declined to give a statement. (Tr. 9, 48). At 8:10 Binet was not feeling "good"; he placed his head on the table and dozed until 8:30 (Tr. 9). Upon concluding that Binet was an addict, he was given a methadone shot (Tr. 10-11, 53) and then returned to the office where he was being detained. (Tr. 33). Binet's co-conspirators were at that time being interviewed by other postal inspectors. (Tr. 43-8, 51-3). From 8:45 until 9:30 Postal Inspector Lyons, now apparently in charge of the prosecution, caused to be prepared a detailed list of the addresses of each item in the stolen mail sacks; he had the defendants photographed. (Tr. 55-6, 93-5, 99, 108-11).
Fuller at 9:15 telephoned to alert the United States Probation Office that a juvenile had been apprehended. The next half hour, 9:30-10:00, was spent making the appropriate arrangements for readying an automobile to convey all concerned to the United States Attorney's office and to provide coverage at the General Post Office for those who would be absent in connection with the case. (Tr. 60-2). Leaving their stations at ...