General Question

intrepidium's avatar

When cops read someone their rights at the point of arresting them, do the rights apply to non-US citizens?

Asked by intrepidium (1215 points ) July 25th, 2011

I’ve watched it on TV a zillion times but it only just occurred to me – when they arrest someone, do the rights e.g. to remain silent etc. etc. apply to non-citizens? I understand that the obligation to abide by the law applies to everyone whether they’re citizens or not, but is it the same with individuals’ rights?

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7 Answers

marinelife's avatar

Yes, as long as they are being arrested under the US system of justice, those rules prevail. However, if they are not a citizen, an arrest could easily lead to deportation.

intrepidium's avatar

Huh, good to know!

Hibernate's avatar

Yes. As long as they are visiting they are under the same laws. This is good to know for when you decide to visit another country.

snowberry's avatar

Based on how Amanda Knox was treated, I’d say it depends on the country. The folks who arrested her were on a witch hunt, and no amount of evidence or reasoning, logic, high profile lawyers or public sentiment could change their minds.

makes me think twice about visiting Italy. Are you listening, Italy?

john65pennington's avatar

I am so glad you asked this question. My department was advised to go ahead with the Miranda warning for those that are both legal and illegaly in the U.S.

I have my own opinion that if a person is in the U.S. illegaly, then how do they have any Constitutional Rights?

Although most did not understand all the english, I went ahead and advised them, anyway.

intrepidium's avatar

@john65pennington Thanks for putting it this way – I think it helped to clarify why I still had a niggling feeling that my question was still only partly addressed earlier. As you’d alluded, it sounds as if non-citizens in such situations are ascribed rights same as citizens – what I found viscerally unsatisfying was: How could such constitutional rights pertain to persons who do not pay obeisance to the constitution?

Or maybe I’m just confusing things in my head – maybe this has more to do with human rights than constitutional rights…

mattbrowne's avatar

It’s all about jurisdiction.

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