Torres v. State
The Fourth DCA addressed an issue of first impression in Florida: whether due process requires use of a certified interpreter when the State admits a recorded police interview translated by an uncertified interpreter. Relying on the Tenth Circuit's reasoning in United States v. Silva-Arzeta, the court held that due process requires only that the interpreter have sufficient fluency and capacity to accurately translate, not formal certification, and that the trial court acted within its discretion in admitting the video given adequate procedural safeguards under Fernandez v. State.
Key facts
- Torres was charged with a crime and made a recorded statement to police during custodial interrogation that was conducted and translated by an uncertified interpreter.
- At trial, the State sought to introduce the recorded police interview with the uncertified interpreter's translation; Torres objected on due process grounds.
- +2 more key facts with a free trial
Why it matters
This opinion fills a gap in Florida law by squarely holding that due process does not mandate a certified interpreter for custodial interviews or admission of translated confessions, aligning Florida with federal and… — full analysis with a trial
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