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United States Supreme Court
·
June 28, 2006

Sanchez-Llamas v. Oregon

Win
Legal Topic
Evidence: Vienna Convention

Summary

The United States Supreme Court affirmed a decision of the Oregon Supreme Court, upholding the conviction of Moises Sanchez-Llamas for the attempted murder of a police officer. Sanchez-Llamas made incriminating statements shortly after his arrest and before he was informed of his right to have the Mexican Consulate notified of his arrest. CJLF argued and the Court held that suppression of evidence is not an available remedy for enforcement of the Vienna Convention, the treaty that requires consular notification. Suppression of the truth in a criminal trial is a drastic remedy, it is not required by the treaty, and no other country suppresses evidence on this basis. Further, there is no causal connection between the treaty violation and the defendant’s statements, because he had no right to have the consulate notified before the interrogation. [CJLF brief in PDF.]

Issue Tags

Amicus brief
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