Can a federal judge order that a confession be obtained prior to a hearing?

Where an adequate hearing of the issues has been had before state tribunals, federal courts need not again hear the petitioner in person but may decide the case after an independent examination of the transcript and record of the state proceedings. Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469 (1954).

It is not disputed that petitioner was held for approximately 36 hours before being presented to a magistrate. All agree, however, the confession was obtained within two hours after his arrest. Petitioner made no claim at trial he was illegally held before being presented to the magistrate. This claim is without merit. United States ex rel. Petersen v. La Vallee, 279 F.2d 396 (2 Cir., 1960).