want one well you want to be available we have contact with this family i think for him it's an important reversal because he lost his ability to enter the united states and he lost his recent border crossing card as a result of this convict waited the risk to contact the two officers before he was advised of his miranda rights he was arrested at four fifteen in the afternoon and he wasn't advise until five twenty four he had had contact with the arresting officer at t case chose not to wait an hour and a half they waited nine minutes following that phone call and interrogated the juvenile now they didn't bother constant contacting the consular office all they did was after the led to his prosecution the story so long as he knew that there was a controlled substance in the vehicle in the car that would be sufficient to tell the officers that he was in the car to go to california to get some more forged documents  fact that the agents worst the agent thought it was deficient that he knew that there was a drug in the car and that was sufficient for him i think additionally we are allowing officers here to nullify the act congress just because the the district court then finds that the statements were voluntary or that there was no prejudice doesn't shouldn't allow all these officers in the southern district of california to continuously violate the had ten to fifteen juvenile matters that she proceeded in the same exact manner and that's an e r seventy two agents to kelly case to case agent in this case specifically stated that he had handled at least four of these matters and had proceeded in the same manner not process that violates the fundamental fairness of these proceedings and the information should be  require parental notification of june our miranda rights and that's that as you are you know absolutely correct basically what it is is saying and i think what we wanted to say is that there is no per se rule that  but the officers just been told her to make sure they just try to get in touch with the parents and then they asked her if she had any problems with them talking to her nephew and she said that she did so in that particular case steps to comply with it with the j d a they contacted they immediately almost immediately within within an hour or so they were contacting the on they were talking to the juvenile getting contact information and they took steps to  driving a vehicle judge huff commented that he looked much older than the fifteen years that he was it was not the situation where the officers were through writing here or or getting him to break down in  tears to make this statement here was an experienced young man educated it who knew exactly what he was little and so it wasn't the same sort of situation you have some of the other cases where where there were violations and where the statement was use and where the officers expeditiously so that's what they were trying to do they take on the one hand they need to move expeditiously on the other hand counselors are going that they should wait so i'm sure that if in some of these other cases they waited for this in this particular case you had find out where this cocaine was going to be delivered to the end that was one of the reasons that they wanted to move move a little bit faster on this particular case but not necessarily been but they they wanted to investigate the case maybe talk to him to  wish contacts were were not arresting him and making him a juvenile delinquent well i think in this particular case because of the it's the size of the of the mold that was being on smuggling to the united states the type of drug that was me smile that maybe we don't have a record think the court looked at all of that and said that even if there was no statement the there was enough evidence for the government to proceed with a with a juvenile the leaks would proceed and that's what we did in this particular case in a strange land in the strange place being intimidated by law enforcement officers and if you look at the background experience of this particular juvenile that's not the case it's not a case where he didn't have experience he wasn't he was educated as i said before you've been the united states before he had a border crossing card he told the officers he was coming over here to go shopping so that appears that he has some experience in the united states so he's not the type of juvenile that these days rules  carrie briefly your honour's just a couple months i think that your honors are correct in the court is correct that i don't think it matters what the juvenile looks like there was no question that this juvenile was fifteen years old the primary officer knew that the age age who made the three minute phone call to her aunt's agent who kelly who interrogated him agent martinez who was the interpreter they all knew he was fifteen years old there is no question as to that there is in the record indicates that he had no prior law enforcement contacts simply had a border crossing card and prior to that had only crossed with his grandfather believes that's what the record indicates with respect to whether there was any testimony of how many whether the agents do this all the time i think specifically asked agent cabrera question and the procedure that you all in this particular case is it's similar to the procedure that you followed in those cases and that's referring to the ten fifteen cases yes how many other cases involving juveniles would you say you've been involved in roughly ten to fifteen cases this is not just this one case because this juvenile looked a little older or because it was cocaine and they were afraid that the cocaine might evaporate than they needed to move  y this is something that is i would say not the damage in the southern district of california at least who knows what's going on in other districts and i think that there is a due process violations and when d g tells us that even even just looking to the parental notification rights it's to allow meaningful meaningful concept with either a parent or guardian and that was not done here even when his father refused me arrive at seven o'clock they didn't even advise him then to tell him this is what happened these are his right you can speak to him if you like he was given about five minutes to speak to his son before he was transported to juvenile hall and i didn't move in so that they were trying to move expeditiously and interrogating the juvenile right away but then he wasn't taken to juvenile hall until now nine thirty pm and then the information wasn't filed until twelve pm and then he was in a rain until three thirty in the afternoon another violation of the yes i think there's numerous violations here there are due process violations and i think the information i believe the information minute they sometimes don't have the time to sit down and and do everything in order but they get the job done and that's what they did in this particular case you had three different agents who were talking to this do now because they work as a team and so it is a metaphysical sort of environment down there if you will they're all working together at the airport whenever they have a situation that involves of this type of crime well i think came in and immediately and had a checklist and said that we're going to do all these things at once and they can have one agent interview where they had another agent talking to their primary officers to see what kind of drugs they had assessing the situation and another agent preparing to do the miranda rights you have another agent who's contacting the press because they know what the rules are and they're doing that and in this particular case they took reasonable steps to go to to comply with the j d