Earlier this month, a state appellate court issued a written opinion in a Massachusetts homicide case discussing whether the statements made by the defendant should be suppressed. The court held that the police did not safeguard the defendant’s rights by informally translating the Miranda warnings, and went further to hold that the cell site location information (CSLI) was a product of those statements. Thus, the court held that the CSLI data should also be suppressed.
According to the court’s opinion, the defendant’s girlfriend was found dead in her car, with a gunshot wound to the head. The investigating officer noticed a surveillance camera nearby, and after showing the video to family members, the detective developed the defendant as a suspect.
Once police identified the defendant, they arrested him. At this point, police officers realized that the defendant would need to have his Miranda warning provided orally and in Spanish because he only spoke Spanish, and was illiterate in both English and Spanish. The detectives found an officer who spoke Spanish, but was not trained as a translator. This officer read the defendant his Miranda rights.