9th Circuit Says Miranda Warning Must Be Given in Correct Spanish

Maura Dolan, Los Angeles Times, July 15, 2013

A Miranda warning given in both English and Spanish to a Spanish-speaking suspect is insufficient if a police officer’s translation fails to convey the true meaning of the arrested person’s rights, a federal appeals court decided Monday.

The U.S. 9th Circuit Court of Appeals overturned a drug and gun conviction on the grounds that a district judge erred by admitting comments made by the suspect after he was given the Miranda warning in English and poor Spanish.

{snip}

The detective used the Spanish word “libre” to mean without cost.  But expert witnesses said that was an incorrect translation. “Libre” instead means free as “in being available or at liberty to do something,” the court said.

The ruling overturned the conviction of Jeronimo Botello-Rosales for  conspiracy to manufacture marijuana and possession of a firearm by a person unlawfully in the United States.  Botello-Rosales had entered a conditional guilty plea but reserved the right to withdraw it pending the results of his appeal.

{snip}

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  • What if the Spanish speaker doesn’t actually speak Spanish, but instead some Indo-Mezo jungle tribal language?

    A cop is going to have to learn how to read Miranda in some 1,500 languages.

    • David Ashton

      Learn from the police in multilingual London, England, for they are meek and humble of heart.

    • All police cars have computers of some type in them.

      Put every possibly translation of Miranda Rights on them in mp3 or wav files

    • borogirl54

      The cops are going to do like hospitals do. Have a sign with the Miranda warning in several different languages and ask the person arrested to choose their language and read the warning in their own language.

      • Jesse_from_Sweden

        That only works if you assume that all criminals can read.

        Not even all black criminals, born in USA and have gone to american schools can read proficiently enough to understand a written Miranda warning.

        These 3rd world immigrants aren’t likely to be better at it.

  • Spartacus

    “…conspiracy to manufacture marijuana and possession of a firearm by a person unlawfully in the United States.”

    ———————————————————————————————————————

    Can someone please shoot this thing before it rapes and murders a white girl ?

  • din_do_nuffins

    “Illegal-immigrant criminal walks free.”

    Amren Fail!

    No such thing as an illegal immigrant. The are illegal alien invaders. Treat them with what they deserve.

  • John Smith

    As the melting pot disintegrates into disparate broken pieces all fighting against each other, how many languages will police officers need to be competent in? Three? Five? Ten or more?

  • kjh64

    Well, I hope they at least deported him.

    • Greg Thomas

      Don’t bet on it.

  • KittyAmerica

    Logical result for a US law named after a Miranda.

  • AutomaticSlim

    ” after he was given the Miranda warning in English and poor Spanish”

    Would the cop have the choice of simply arresting him without speaking to him and throwing him in the holding cell until a translator arrives?

    • The__Bobster

      Mestizos are like billiard balls. The harder you hit them, the more English you get out of them.

  • The__Bobster

    The 9th Circus? Who cares? Most of their ridiculous libtarded decisions get overturned anyway.

  • The__Bobster

    The ruling overturned the conviction of Jeronimo Botello-Rosales for conspiracy to manufacture marijuana and possession of a firearm by a person unlawfully in the United States. Botello-Rosales had entered a conditional guilty plea but reserved the right to withdraw it pending the results of his appeal.
    ________

    Why isn’t this criminal invader cooling his heels in Mexico instead of tying up our courts?

    • bigone4u

      I’ll bet the ACLU and/or LaRaza sponsored him. As I’ve seen you say, “the usual suspects.” Maybe even SPLC got into the act, if there was money in it.

  • willbest

    How come I am assumed to know about the 2839472384927348 laws that affect me, but the second I am arrested for one of them all of a sudden ignorance of the process is an excuse?

  • WR_the_realist

    There are not two, but dozens of languages spoken in the multicultural cesspool that is California. So now cops have to memorize correctly translated versions of the Miranda rights for every one of those languages, or any criminal who knows an obscure language can walk free. Way to go, 9th Circuit Court!

  • Luca

    Using my powers of deduction, here is the next ruling from the sick liberal clowns:

    Oct. 23rd 2013. – NEWSFLASH: The US 9th “Circus” Court of Appeals today ruled that because new Spanish speaking immigrants cannot read the English instructions on toilet paper packages, County workers must be sent out to wipe their behinds for them.

    Why not, they’ve done everything else for them?

  • bigone4u

    Jeronimo got his warning, but in the wrong dialect and so a convicted criminal goes free. Justice is no longer blind but bends over backward when it sees brown. This government does not serve the people’s interests, but in its arrogance will pay a price one day.

  • odious liberal

    I hope one day these judges become an illegal alien crime statistic.

  • Sick of it

    I think they’re missing the point. If the suspect is only capable of speaking Spanish, he should be deported and barred from returning to this country on the condition that if he returns, at a minimum, he will serve a life sentence in prison. Why bother explaining rights that only matter to an American?