Do foreign nationals here on say student visas have the same rights we do under the constitution

Asked over 1 year ago - Tampa, FL

In particular when it comes to search and seizure, search warrants etc etc
The right to refuse police entry without a warrant?

Attorney answers (4)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Resident Aliens have constitutional rights too.

    R. Jason de Groot, Esq., 386-337-8239
  2. Michael Adam Haber

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You may get more than you bargain for (i.e. an Immigration / ICE hold, a denial of bond, and a complimentary deportation hearing and order), but, if you are in the US then, generally, you are entitled to all protections afforded to US citizens by the Constitution, including those contained in the IVth Amendment.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Generally, yes. Check out ACLU's good primer on the subject http://www.aclu.org/features/f010202a.html.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  4. C. C. Abbott

    Contributor Level 20

    4

    Lawyers agree

    Answered . Not sure the context of your posting. Any search and seizure motion would be best brought with assistance of a criminal attorney. Add to that, the fact immigration law treats criminal adjudications differently then criminal law, it would be advisable for an alien (ie F visa holder) seek the guidance of an experienced criminal attorney who can work with an immigration attorney for a legal opinion.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more

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