Skip to content
Name: Sanchez-Llamas v. Oregon
Case #: 04-10566
Court: US Supreme Court
District USSup
Opinion Date: 06/28/2006
Subsequent History: 126 S.Ct. 2669; 165 L.Ed.2d 557

Appellants were two foreign nationals arrested for crimes in the United States. After arrest, they were not told that they could request the government to inform their consulates about their detention. At trial, Sanchez-Llamas filed a motion to suppress incriminating statements he made in custody. The motion was denied. Bustillo was convicted and raised the same claim in a habeas petition. The United States Supreme Court affirmed. Although Article 36(1)(b) of the Vienna Convention provides that a detainee has the right to be notified that his country’s consulate be notified of his detention, that right is to be exercised in conformity with state law. Suppression is not an appropriate remedy, as the denial of an informational right is not as egregious as a constitutional violation which triggers the exclusionary rule. The Convention does not mandate suppression or any other specific remedy, but leaves the implementation to state law. Further, procedural default rules barred Bustillo from raising the issue on habeas.