[20080115]RS22748_军官可以询问有关Alienage的问题的情况.pdf

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 aliensin the United States have Fourth Amendment rights); Yick Wo v. Hopkins, 118 U.S. 356 (1886).Order Code RS22748Updated January 15, 2008The Circumstances In Which an Officer May Ask Questions Concerning AlienageYule KimLegislative AttorneyAmerican Law DivisionSummaryThis report provides a short overview of the circumstances in which a lawenforcement officer may ask questions concerning alienage. Generally, any officer mayfreely ask someone questions about his or her alienage status so long as the individualcan refuse to answer. However, if questioning is sufficiently coercive, it can rise to thelevel of a Fourth Amendment seizure, which, depending on the circumstances, requireseither probable cause or reasonable suspicion to justify. This report does not discusscustodial interrogations. No bills addressing this issue are currently pending. IntroductionThis report discusses the circumstances in which a law enforcement officer mayquestion an individual about his alienage status without running afoul of a