Lower Court Holding
Decision of the Supreme Court of Oregon
Defendant is a Mexican national. He was arrested in December 1999 after an incident in which he exchanged gunfire with police officers and wounded one officer in the leg. Shortly after Defendant’s arrest, the police read him Miranda [v. Arizona (1966)] warnings in English and Spanish. The police did not inform Defendant at that time, or at any time thereafter, that he had any "right" under Article 36 of the Vienna Convention on Consular Relations (VCCR) to communicate with the Mexican consulate and to have the consulate informed of his arrest. Neither did the police inform the Mexican consulate of…
