office that the form be retranslated and that the particular document not be used.
In addition, Ms. Clancy testified to numerous misspellings, inaccuracies, and bad Spanish in the form. In short, if a second grader in Spanish language course in grammar school had written the form they would be graded with an "F."
The court finds it extraordinary and shocking that the Drug Enforcement Administration in New York continues to use this obviously defective and misleading form signed by defendant. It is particularly astonishing that that form would be used although some years ago the attention of the Drug Enforcement Administration was called to the defects and suggestions were made that it not be used.
It is strange that the Drug Enforcement Administration has not prepared or used a Spanish version of a consent to search form in simple language, understandable to an average Spanish speaking person. That should not be too heavy a burden for an agency which has offices in Bogota, Spain, Peru, Bolivia, and many other places where Spanish is the official language; which has in New York many agents who speak Spanish spending significant time with certified Spanish translators; and which has access to innumerable competent, certified and uncertified translators.
Where a defendant signs a form commencing with the language "It has been required of me that I give my consent to a search of my apartment" the court could draw an inference that the defendant who made a previous oral consent was under the impression that he was required to do so. Where that inference is justified by other evidence in the case, this court will not hesitate to draw it. But the defendant testified that he gladly opened the door when advised that the police had knocked and that he gave consent because he had nothing to hide.
The court is satisfied both from the testimony of both defendant and Agent Blanco that defendant was not coerced into giving oral consent to the search. Indeed, defendant testified that he told the agents that he had "no problem" with the agents making a search. He readily showed them his room. To the extent defendant's account of what occurred is inconsistent with that of Blanco, the court finds Blanco's version more credible. The court finds that defendant's consent to search the apartment was given voluntarily and without coercion.
There is no substantial basis for the claim that defendant's statement made after he was arrested should be suppressed. He was lawfully arrested after the cocaine was found. He was given his Miranda rights, agreed to talk, and voluntarily signed the proper form indicating he was willing to waive his rights.
The court requests the United States Attorney to make available a copy of this memorandum and order to the Drug Enforcement Administration.
The motion to suppress is denied. So ordered.
Dated: Brooklyn, New York
January 14, 1994
Eugene H. Nickerson, U.S.D.J.
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