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Minnesota Supreme Court overturns conviction because suspect not given rights in native language
twincities.com ^ | 07/19/07 | SHANNON PRATHER

Posted on 07/19/2007 4:35:12 PM PDT by TornadoAlley3

The Minnesota Supreme Court today overturned a sexual assault conviction of a Somali man, who made incriminating statements in English, but was not given his Miranda rights in his native language.

Plymouth police arrested Burhan Mohammed Farrah on Nov. 20, 2003, in the parking lot of an apartment complex. A 14-year-old developmentally disabled girl reported being attacking in the same parking lot.

An officer read Farrah his rights in English and had him sign a rights waiver written in English.

"Do you understand your rights?" the officer asked.

"Okay. Little, yeah," Farrah replied.

Police proceeded with the interrogation in English and Farrah made incriminating statements to police in English. He was charged and convicted of fourth-degree criminal sexual contact in Hennepin County District Court. Farrah was provided an interpreter at his trial.

After examining the police interrogation, the Supreme Court in a 4 - 3 ruling threw out the conviction and ordered a new trial. The court ruled it was unclear whether Farrah's waiver of rights "was made with a full awareness of both the nature of the rights being abandoned and the consequences of the decision to abandon it."

"To protect or facilitate the exercise of constitutional rights, it is the express policy in Minnesota to provide qualified interpreters to assist persons in legal proceedings who are handicapped in communication," writes Chief Justice Russell Anderson for the court.

Justice Lorie Skjerven Gildea, joined by justices Helen Meyer and G. Barry Anderson, disagreed with the majority finding that Farrah's English skills "were sufficient to support a knowing waiver."


TOPICS: Crime/Corruption; Government; News/Current Events; US: Minnesota
KEYWORDS: aliens; immigrantlist; language; minnesota; native; supremecourt

1 posted on 07/19/2007 4:35:15 PM PDT by TornadoAlley3
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To: TornadoAlley3
Minnesota is the Massachusetts of the midwest.
2 posted on 07/19/2007 4:37:24 PM PDT by Always Right
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To: TornadoAlley3

While this ruling ticks me off, it sounds like the prosecution has enough other evidence to convict without the statement in the re-trial.


3 posted on 07/19/2007 4:39:50 PM PDT by usurper (Spelling or grammatical errors in this post can be attributed to the LA City School System)
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To: TornadoAlley3

Why is it that with the IRS, they don’t take ignorance of the law as an excuse (what’s the tax table up to now, 14,000 pages), but if your a stinking criminal, you have to be read a poem about your rights . . . a set of words, by the way, that cannot be found in the Constitution?


4 posted on 07/19/2007 4:42:59 PM PDT by laweeks
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To: laweeks

and in your native language, not in English.


5 posted on 07/19/2007 4:45:40 PM PDT by TornadoAlley3 ( “An appeaser is one who feeds a crocodile, hoping that it will eat him last.”)
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To: laweeks

Dumb-ass nation is as dumb-ass nation does.


6 posted on 07/19/2007 4:46:58 PM PDT by The Duke (I have met the enemy, and he is named 'Apathy'!)
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To: TornadoAlley3

Yo no se.

Attn: Illegals. Come to Minnesota and commit all the crimes you want. When they catch you, claim you don’t understand English and they will let you go.


7 posted on 07/19/2007 4:49:33 PM PDT by Tall_Texan (Global warming? Hell, in Texas, we just call that "summer".)
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To: TornadoAlley3

8 posted on 07/19/2007 4:54:23 PM PDT by Gritty (Of course Americans should vote Democrat! - Jihad Jaara, Al Aqsa Martyrs Brigades)
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To: Tall_Texan

Somalistan ~ the court makes decisions like this and has no idea what the “native language” of Minnesota might be.


9 posted on 07/19/2007 5:02:20 PM PDT by muawiyah
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To: TornadoAlley3

Me no good speak English. Judge say me yes OK rob, rape, kill ‘cause me no good English. Me happy me no can good English. Me laugh America. Me laugh liberal America judge. Me laugh stupid America people. Me want crime much. Me yes crime ‘cause me no good English. Now me want vote. Me want be Democrat.


10 posted on 07/19/2007 5:04:45 PM PDT by Wilhelm Tell (True or False? This is not a tag line.)
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To: TornadoAlley3

What a stupid decision. It evidently mean police country-wide have to employ/have access to interpreters of every language.
Do Liberals drink tainted water?


11 posted on 07/19/2007 5:09:19 PM PDT by Duffboy
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To: TornadoAlley3

The Poe’lice now need:

1. press 1 foe black phonics.

2. for skinny slam

3. for moozie muck

Thank You, now here is your Miranda Rights.

Nuts just Nuts.


12 posted on 07/19/2007 5:31:26 PM PDT by mmanager (Fred instead of Purebred, Crossbred and the Hothead)
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To: Duffboy
Do Liberals drink tainted water?

Apparently so.

13 posted on 07/19/2007 8:30:18 PM PDT by rabscuttle385 (Sic Semper Tyrannis * U.Va. Engineering '09 * Friends Don't Let Friends Vote Democrat * Fred in 2008)
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To: mmanager

You forgot “Para Español Oprima 4.”


14 posted on 07/19/2007 8:31:26 PM PDT by rabscuttle385 (Sic Semper Tyrannis * U.Va. Engineering '09 * Friends Don't Let Friends Vote Democrat * Fred in 2008)
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To: TornadoAlley3

Their state bird, the LOON, also sits upon the bench.


15 posted on 07/19/2007 8:35:36 PM PDT by CHEE (Shoot low, they're crawling.)
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To: Tall_Texan

So he doesn’t understand english, but knows enough to CONFESS in english?


16 posted on 07/19/2007 8:35:53 PM PDT by boop (Trunk Monkey. Is there anything he can't do?)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


17 posted on 07/19/2007 9:28:48 PM PDT by gubamyster
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To: TornadoAlley3

Does anyone know the legal status of this man? I mean in terms of his presence in this country.


18 posted on 07/19/2007 9:36:58 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: TornadoAlley3

Are the scumbags on this court elected or appointed?
Are they there for life?


19 posted on 07/19/2007 9:43:32 PM PDT by Lancey Howard
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To: TornadoAlley3

Lord help our Republic (and some of it’s States)!!!


20 posted on 07/20/2007 1:41:10 AM PDT by AmericanInTokyo (Open Borders and Shamnesty!/Appeasement of North Korea!/No Win Wars!--I've HAD IT WITH PRES. BUSH!!)
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To: TornadoAlley3; gubamyster

We can’t give enough rights to these illegals, can we?

What a stupid republic, we have become. Thank you liberals.


21 posted on 07/20/2007 7:30:00 PM PDT by TheLion (How about "Comprehensive Immigration Enforcement," for a change)
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