Did Detectives Dodge a Bullet? When Giving Miranda Rights in English and Spanish, Do it By the Book

• Miranda and Spanish Language Admonishments
• Readmonishment at Successive Interviews
• Voluntariness
• Vienna Convention on Consular Relations

Miranda, Constitutional Advisal of Rights, Voluntariness and the Vienna Convention:

• • Advisal of an in-custody suspect’s Miranda rights must include the right to the assistance of an attorney before and during questioning.
  • Advisal of a Mexican citizen’s rights under the Vienna Convention is a factor to consider in determining the voluntariness of a suspect’s admissions.
  • The portion of a Miranda admonishment that an in-custody suspect is entitled to the assistance of an attorney must include the fact that this right includes before and during questioning.
  • A 14-hour break in questioning does not generally require that an in-custody suspect be readvised of his Miranda rights before the second interview so long as he was properly advised the first time and still has his rights in mind.
  • Whether an in-custody suspect’s admissions were voluntary depends upon the circumstances, including whether he (as a citizen of Mexico) was also advised of his consular rights as required by the Vienna Convention.

Case Facts
Between September, 1999, and May, 2000, defendant Victor M. Miranda-Guerrero attacked several women in the Southern California city of Huntington Beach and was convicted of five charges: kidnapping to commit rape, murder, attempted carjacking, ....