United States v. Botello-Rosales

A detective does not reasonably convey Miranda warnings in Spanish when the detective incorrectly uses certain Spanish words.

Jeronimo Botello-Rosales received Miranda warnings in Spanish before interrogation. Botello-Rosales moved to suppress his post-arrest statements, which the district court denied, and Botello-Rosales then entered a conditional guilty plea. The Ninth Circuit held that the Miranda warnings Botello-Rosales received in Spanish did not reasonably convey his rights as required by Miranda v. Arizona. The detective’s use of “libre” to mean “free,” or without cost, was not a correct translation. Instead, “libre” translates to “free” as in being able to do something. Additionally, the fact that the officers had administered correct Miranda warnings in English before the Spanish warnings did not cure the “constitutional infirmity.” The panel further held that Botello-Rosales should be allowed to withdraw his guilty plea because it was conditioned upon the right to seek review of the district court’s denial of his motion to suppress. REVERSED; VACATED; REMANDED.