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1 1 (October 26, 2007)

handle is hein.crs/crsuntaagns0001 and id is 1 raw text is: Order Code RS22748 October 26, 2007 C0RS Report for Congress The Circumstances In Which an Officer May Ask Questions Concerning Alienage Yule Kim Law Clerk 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. 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, including aliens, enjoy Fourth Amendment protections.! The Fourth Amendment mandates that searches and seizures of persons, houses, papers, and effects 1 See Yick Wo v. Hopkins, 118 U.S. 356 (1886); Wong Wing v. United States, 163 U.S. 228 (1896). Congressional Research Service w The Library of Congress Prepared for Members and Committees of Congress

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