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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-1812
- --------
- UNITED STATES, PETITIONER v. PEDRO
- ALVAREZ-SANCHEZ
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [May 2, 1994]
-
- Justice Stevens, concurring in the judgment.
- The Court holds that 3501(c) -does not apply to
- statements made by a person who is being held solely
- on state charges.- Ante, at 1. While I agree with the
- Court's answer to the narrow question the petition for
- certiorari presents, I write separately to emphasize the
- importance of the factual premise underlying that
- answer.
- As the case comes to us, it is undisputed that respond-
- ent confessed while he was being held on state charges
- alone. 975 F. 2d 1396, 1398 (CA9 1992). Accepting
- that, the Court of Appeals held that the confession
- nevertheless must be suppressed because it read the
- phrase -detention in the custody of any law-enforcement
- officer or law-enforcement agency- in 18 U. S. C.
- 3501(c) to include custody solely on state charges. Id.,
- at 1405. The Court of Appeals therefore had no occa-
- sion to consider whether the state police officers'
-
- awareness of respondent's probable involvement in two
- federal crimes might indicate that the state charges
- were not the sole basis for his detention.
- In its petition for certiorari the Government correctly
- advised us that -[r]eversal of the Ninth Circuit's errone-
- ous conclusion that the relevant arrest was effected by
- California authorities will obviate the need to consider-
- additional issues. Pet. for Cert. 13. Accordingly, what
- sort of cooperation between federal and local authorities
- would remove a case from the category in which the
- custody is decidedly on state charges alone is a question
- not before us, and the Court correctly declines to
- address the matter. Surely, however, cases in which
- cooperation between state and federal authorities
- requires compliance with the terms of 3501(c) are not
- merely hypothetical examples of a -presumably rare
- scenario,- ante, at 9. And I definitely would not assume
- that 3501(c) will never -come into play- until a suspect
- is arrested on a federal charge. Ibid.
- The Court also has no reason to comment on the
- District Court's finding that respondent's confession was
- not the product of collusion between state and federal
- agents. Ante, at 10. The Court of Appeals' construction
- of the statute made review of that finding unnecessary.
- Thus while the Court rightly declines to -disturb- the
- factual finding, ibid., it should likewise stop short of
- suggesting that anyone on this Court has determined
- that the finding is either correct or incorrect.
- For these reasons, I concur in the Court's judgment
- but do not join its opinion.
-
-