222776P.pdf   06/15/2023  United States  v.  Tracy Jones
   U.S. Court of Appeals Case No:  22-2776
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Benton, Author, with Colloton and Wollman, Circuit Judges] 
   Criminal case - Criminal law. Defendant sought dismissal of her indictment 
   based on a violation of Fed. R. Crim. P. 5(a)(1)(A) as she was detained 
   for 37 days before being arraigned before a magistrate judge; the delay 
   violated the rule, but dismissal of the indictment is not a proper remedy 
   for a Rule 5(a) violation; with respect to defendant's argument that 
   dismissal is warranted because of the violation of her substantive due 
   process rights, considering the totality of the circumstances, the delay 
   did not violate her due process rights as there was not the quite high 
   level of outrageousness needed to shock the conscience and create a 
   substantive due process violation; the brief, narrow-scope pre-warning 
   statements investigators made were not a two-step interrogation in 
   violation of Missouri v. Siebert, 542 U.S. 600 (2004), and the district 
   court did not err in denying defendant's motion to suppress her 
   post-arrest interview statements.