United States v. Rose Wong

Appellee was subpoenaed to testify before the Grand Jury investigating illegal gambling and police payoffs in the Chinatown area of San Francisco. At that time the government already possessed incriminating evidence against her; she was a target of the Grand Jury’s investigation and likely to be indicted. Immediately before questioning appellee, the district attorney informed her of her privilege against self-incrimination, and of the possible consequences of testifying falsely. He then asked questions, tailored by his previously obtained knowledge of appellee’s criminal involvement, true answers to which would have been incriminating. Appellee’s false answers formed the basis for a subsequent perjury indictment. 18 U.S.C. § 1623 .

Following her arraignment on the charge, appellee moved to suppress her answers. The district court determined, based on extensive evidence adduced by affidavit and at a hearing, that appellee, who was born in China and uses English only as a second language, had not understood that portion of the prosecutor’s questioning designed to inform her of her right to remain silent. Consequently the district court, relying on United States v. Rangel,…