How Does the Vienna Convention Apply in an Arrest?

If an arrestee is a foreign national, law enforcement is supposed to supposed to inform the arrestee of that person’s right to have his or her consulate notified of his or her arrest, booking and detention. People v. Leon (2020) 8 Cal.5th 831, 845. Our office has never seen this take place, but the case of People v. Eduardo David Vargas recently put this to the test. Vargas was sentenced to death for first-degree murder with gang allegations and on appeal, sought to have his conviction vacated on many grounds, one of which was failure to notify his consulate, as Vargas was a Mexcican national. To read how the appellate court ruled on this issue, please click on the following link –

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