About ten years ago, I worked as a public defender for mostly Spanish-speaking clients. I still speak a little Spanish, although without regular practice it has gotten awfully rusty. Few police officers speak Spanish, and even fewer speak Russian, Vietnamese, or Tagalog. That doesn’t stop them from asking questions and interpreting every nod and eye-roll as an admission of guilt.
Miranda Warnings and Non-English Speakers
At the motion-to-suppress hearing, the police officer testifies: I read the defendant Miranda warnings, and I asked if he understood them. He said yes. I asked if he wanted to waive his rights and speak to me. He said yes. I asked if he had broken into the house and stolen the purse inside, and he said yes. Is that sufficient to show a valid Miranda waiver? Suppose that the defendant has dark skin, hair, and eyes and speaks with a heavy Spanish accent. Is it still enough? Would an immigration hold or Mexican driver’s license make a...
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