Vienna Convention on Consular Relations | Motion to Supress Statement

VIENNA CONVENTION

-1st Dist. People v. Mullen No. 1-98-1555 (May 22, 2000) 1st div.

-1st Dist. People v. Madej, No. 87574 (August 10, 2000) Appeal, 1st Dist. Affirmed

-1st Dist. People v. Kim No. 1-99-3760 (January 19, 2001) 5th div. (GREIMAN) Reversed and
remanded. Vienna Convention on Consular Relations does not expressly or
impliedly provide for the suppression of statements or other evidence as
a remedy where a police officer or other arresting authority fails to
notify a foreign national of the right to contact the consulate. Trial
court erred when it ordered indictment against defendant dismissed
because of failure to notify him of his rights to have consular
officials from his native Korea present during interrogation. Whether
defendant understood English well enough to appreciate Miranda warnings
is for judge to consider at traditional suppression hearing.