The opinion of the court was delivered by: Haight, District Judge:
MEMORANDUM OPINION AND ORDER
On April 26, 1990 defendant Ronald Rivera was arrested
pursuant to an arrest warrant issued on April 4, 1990 and
charged with one count of violating 18 U.S.C. § 2113(d) and 2
in connection with the armed robbery of the Manufacturer's
Hanover Trust Company, 230 Second Avenue, New York, New York on
October 18, 1989.
Defendant moves to suppress an inculpatory written statement
he signed on the day after his arrest. Rivera contends that
the affidavit in support of the arrest warrant was flawed;
that the arrest violated his Sixth Amendment right to counsel;
and that the statement was obtained during an impermissible
delay before presentment to the magistrate.
Because the defendant's presentment before the magistrate
was unreasonably delayed, the defendant's motion to suppress
On April 4, 1990 Special Agent Henry Congregane of the
Federal Bureau of Investigation (F.B.I.) swore to a Complaint
before Magistrate Naomi Reice Buchwald asking for an arrest
warrant and alleging that defendant Ronald Rivera had violated
18 U.S.C. § 2113(d) by the armed robbery of the Manufacturer's
Hanover Trust Company located at 230 Second Avenue, New York,
New York ("Manufacturer's Hanover"). Agent Congregane is a
member of the Joint Bank Robbery Task Force ("J.B. R.T.F.")
which is a combined F.B.I. and New York City Police Department
task force which investigates armed bank robberies in New York
City. Agent Congregane recounted that on or about October 18,
1989 two men, one black and one Hispanic, robbed Manufacturer's
Hanover. The Hispanic robber was described by witnesses as
about 5'8" tall, approximately 120 to 130 pounds, about 20 to
23 years old and having a light complexion and a mustache.
Members of the J.B.R.T.F. reported that there were four
surveillance photographs of the bank robbers and these
photographs showed a black male and a shorter Hispanic
male leaving the bank. Complaint ¶¶ 1-3.
Agent Congregane reported that an individual named Roosevelt
Hendrix had been arrested on federal bank robbery charges and
had signed a written statement admitting the Manufacturer's
Hanover robbery and stating that his accomplice was the
defendant Ronald Rivera. Complaint ¶¶ 4-5. Other members of the
J.B.R.T.F. reported that the Hispanic male in the surveillance
photographs "appears to resemble the defendant." Complaint ¶ 6.
Agent Congregane reported that another defendant had admitted
committing "other bank robberies" with the defendant. Complaint
¶ 7. The Complaint was signed and a warrant issued for the
The arrest warrant was executed on the defendant on April
26, 1990 when Detective Gerald M. Clarke of the New York City
Police Department and Special Agent E. Michael Dressler of the
F.B.I., two members of the J.B.R.T.F., arrested the defendant
after he was released to them by the New York City Corrections
Department. Affidavit of Detective Gerald M. Clarke ¶ 4
("Clarke Aff."). The defendant had just been sentenced to six
months incarceration in an unrelated state robbery case.
Affidavit of J. Bruce Maffeo, Esq. ¶ 6 ("Maffeo Aff.").
Although detectives had been at the courthouse for much of the
afternoon, the defendant was not released to the J.B. R.T.F.
members until 7:30 p.m. At that point the J.B.R.T.F. members
placed the defendant under arrest but they did not question
him. Clarke Aff. ¶ 4. Detective Clarke states that he "knew
that the federal magistrate's court was closed for the
evening," so he and Agent Dressler took the defendant to the
Metropolitan Correctional Center ("M.C.C.") to spend the night.
Clarke Aff. ¶ 5. At the M.C.C. the defendant requested special
security because he thought he recognized certain inmates as
being involved in the killing of his brother. Neither Detective
Clarke nor Agent Dressler questioned the defendant about the
charges pending against him. Clarke Aff. ¶¶ 6-7.
On the morning of April 27, 1990 the defendant was taken
from the M.C.C. to the F.B.I. offices at 26 Federal Plaza for
processing before arraignment. Special Agent Mary Galligan,
who along with Detective Patricia Carter took custody of the
defendant, reports that while she arrived at the M.C.C. to
pick up the defendant at 8:40 a.m., he was not available until
10:00 a.m. because of special security measures taken for the
defendant. Affidavit of Special Agent Mary E. Galligan ¶ 3
("Galligan Aff."). Counsel for the defendant states that at the
defendant's arraignment later in the day, the government
represented that the defendant had been picked up at 8:30 a.m.
Maffeo Aff. ¶ 9. For the purposes of this motion, I will view
the facts in the light most favorable to the government and
assume the defendant was released at 10:00 a.m. Agent Galligan
and Detective Carter took the defendant to F.B.I. offices at 26
Federal Plaza for processing which include fingerprinting and
photographing the defendant, and taking his background history.
Galligan Aff. ¶ 5. During transit, Agent Galligan reports that
the defendant made certain inculpatory statements about his
involvement in bank robberies. Galligan Aff. ¶ 6.
Defendant has moved to suppress the incriminating statement
signed on the afternoon of April 27, 1990. Defendant's counsel
contends that the arrest warrant for the defendant was based
on an affidavit that omitted critical facts and so the arrest
was illegal and any statements taken after it are
inadmissible. Counsel avers that Hendrix initially claimed
that he had committed the Manufacturer's Hanover robbery alone
and admitted that he had a history of substance abuse. Maffeo
Aff. ¶ 5. Counsel also argues that the defendant's arrest
immediately after the conclusion of his state court proceedings
evidences a government attempt to circumvent the defendant's
appointed counsel in his state case. Counsel contends that the
delay between the defendant's arrest at 7:30 p.m. and his
arraignment at 4:15 p.m. the following day was an unacceptable
delay before presenting the defendant for arraignment. Maffeo
Aff. ¶ 11.