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Name: U.S. v. C.M.
Case #: 05-50585
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/08/2007

Dismissal of the district court's finding of the information is a proper prophylactic remedy in a case where the government violated the Juvenile Delinquency Act. The Act prescribes the process due a juvenile placed in federal custody, requiring the government to notify the juvenile's parents, guardians, or the consulate, and arraign him in a timely fashion. If the violation results in deprivation of constitutional rights, reversal is required. If it results in statutory prejudice, the court has the discretion to reverse to ensure the viability of the Act's provisions. Here, border patrol agents detained the juvenile…

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Name: People v. Corona
Case #: D033855
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/06/2001
Subsequent History: None

The exclusionary rule does not apply to violations of Article 36 of the Vienna Convention (which requires notification of the consul of the arrest of a foreign national). Here the defendant waived her Miranda rights at 10 a.m. with Officer #1. When Officer #2 questioned her at 1:00 p.m., he did not re-advise her of her Miranda rights. The second interrogation was reasonably contemporaneous with the first so as not to require a…

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