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1 1 (January 15, 2008)

handle is hein.crs/crsajqm0001 and id is 1 raw text is: Order Code RS22748 Updated January 15, 2008 The Circumstances In Which an Officer May Ask Questions Concerning Alienage Yule Kim Legislative Attorney American Law Division Summary This report provides a short overview of the circumstances in which a law enforcement officer may ask questions concerning alienage. Generally, any officer may freely ask someone questions about his or her alienage status so long as the individual can refuse to answer. However, if questioning is sufficiently coercive, it can rise to the level of a Fourth Amendment seizure, which, depending on the circumstances, requires either probable cause or reasonable suspicion to justify. This report does not discuss custodial interrogations. No bills addressing this issue are currently pending. Introduction This report discusses the circumstances in which a law enforcement officer may question an individual about his alienage status without running afoul of a constitutional protection. It provides background on the legal framework governing these interrogations and discusses the salient legal issues that may arise. As a general rule, an officer may freely ask an individual questions concerning his alienage status so long as the individual can refuse to answer. It is only when the circumstances surrounding the questioning cease to be consensual and become coercive that the encounter becomes a seizure and triggers the Fourth Amendment prohibition against unreasonable searches and seizures. This report does not discuss custodial interrogations. Background On The Fourth Amendment All persons within the external boundaries of the United States, including aliens, enjoy Fourth Amendment protections.! The Fourth Amendment mandates that searches and seizures of persons, houses, papers, and effects conducted by the government must 1 See INS v. Mendoza-Lopez, 468 U.S. 1032, 1050-1051 (1984); United States v. Verdugo- Urquidez, 494 U.S. 259, 263 (1990) (stating that a majority of Justices assumed that illegal aliens in the United States have Fourth Amendment rights); Yick Wo v. Hopkins, 118 U.S. 356 (1886).

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