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

Tampa, FL |

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

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Attorney answers 4


Generally, yes. Check out ACLU's good primer on the subject

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


Resident Aliens have constitutional rights too.

R. Jason de Groot, Esq., 386-337-8239


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. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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