Does a lack of training in a police interview result in the suppression of a defendant's interview statements?

California, United States of America


The following excerpt is from People v. Rosales, E072661 (Cal. App. 2020):

Defendant argues that his interview statements should have been suppressed solely because the interviewing investigator had not been trained in the consular notification requirements of the Vienna Convention. He points out that " '[e]xclusionary rules are very much aimed at deterring lawless conduct by police' " (Colorado v. Connelly (1986) 479 U.S. 157, 169), including "recurring or systemic negligence" on the part of the police. (Herring v. United States (2009) 555 U.S. 135, 144.) He argues that the investigator's lack of training shows this case involves the "type of systemic negligence" that exclusionary rules serve to deter.

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