Sanchez-Llamas v. Oregon

The VCCR itself does not mandate exclusion of evidence or any other specific remedy for violations of its provisions. Instead, U.S. law determines whether the exclusionary rule applies. U.S. courts do not invoke the remedy of exclusion lightly, due to the negative impact on law enforcement objectives and the court’s own truth-finding function, and therefore primarily limit its use to deter constitutional violations in the gathering of evidence. The VCCR notification provision has little connection to evidence or statements obtained by police. Foreign nationals in U.S. Territory have all due process protections, including Fifth and Sixth Amendment rights, which adequately protect the same interests as the VCCR provision. A defendant whose consular notification rights under the VCCR were violated may raise a broader challenge to the voluntariness of any statements obtained.