John Seiko Ginoza v. United States

John Seiko Ginoza appeals from his conviction on one count of a four-count indictment charging violations of the narcotics laws. Seven errors, one consisting of three parts, are specified. We find specifications of error 1, 2, 8, 4, 5(a), 5(c), 6, and 7 to be without merit.

Under specification 5(b) appellant argues that the trial court erred in denying his motion to strike testimony given by law enforcement officers concerning statements and admissions made by him after his arrest and prior to being taken before a committing magistrate. Contending that such statements and admissions were made while his appearance before a committing magistrate was being unlawfully delayed, Ginoza invokes Rule 5(a), Federal Rules of Criminal Procedure, 18 U.S.C.A., and the exclusionary rule announced and applied by the Supreme Court in McNabb, Upshaw, and Mallory.

For the reasons stated below, we hold that specification of error 5(b) is well taken and that the judgment must therefore be set aside and the cause remanded for a new trial on Count III.

It is first necessary to set out in some detail the circumstances surrounding appellant’s arrest and interrogation. In doing so we rely exclusively…