Say I’m walking down the street and a cop stops me (a canadian) and asks for my ID (no probable cause). Do i have to give it to him since I’m not a US citizen and therefore the constitution doesn’t apply to me? Or if I get pulled over for speeding, am I entitiled to the Miranda rights or am I just to be extradited without any representation until i get to canada
29 comments
Yes
So the base of the Constitution just described our system of government and who has what powers.
The Bill Of Rights is not a set of rights that the government provides to us, because then its not a right. These rights are inalienable rights endowed by our humanity. Its not all inclusive, its just the 10 most important rights the founders at the time thought were so important. So important to protect in case a tyrannical government attempted to infringe them.
Driving is not a right, and driving isn’t restricted to only citizens. and its unlikely you’d get deported for going 10mph over. You’d just get a ticket like anyone else which you’d have to pay.
So yes, you as a person still have the rights of freedom of speech, of assembly, and basically live your life as long as you don’t harm someone else.
In general, yes. For example, the 5th Amendment that prevents you from being forced to testify against yourself and prevents “double jeopardy” (i.e., being tried twice for the same crime when found not guilty the first time) among other things would apply to anyone who is arrested in the US whether they are a US citizen or not. The 14th Amendment protects against discrimination, which also applies to anyone in the US and not just US citizens. The famous 1st Amendment also applies to everyone and not just US citizens.
Typically, the only thing that wouldn’t apply is something that’s specifically (and logically) applicable only to US citizens such as anything to do with voting or running for public office.
It depends on the state. In some states law enforcement can demand your ID for no reason and you have to provide it, and in others they have to suspect you might be up to no good (and be able to articulate their reason in court if it comes to that).
Miranda rights are only if you’re under arrest – not usually what happens for speeding unless you were really going fast!
Yes, but also a “stop and ID” like the one you described is sometimes considered legal for the police. [https://en.wikipedia.org/wiki/Stop_and_identify_statutes](https://en.wikipedia.org/wiki/Stop_and_identify_statutes#:~:text=Seven%20states%20)
The only one that is questionable is the 2nd amendment. If you Google, you’ll find conflicting theories, because I don’t think there has ever been a SCOTUS case directly on point.
Short answer: Yes.
Long answer: the Constitution and surrounding caselaw encompasses a ton of rights. Some are not fully extended to foreigners in the same way they are to citizens
They are. Our constitution is a prohibition on federal government (and after the 14th state) action.
That includes all people in the US.
This is an excellent article from PBS that discusses some of the reasons why yes, non citizens (tourists, immigrants, and so on) are afforded many constitutional rights.
[LINK](https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have)
A worthwhile read, even though the targeted discussion was/is more undocumented immigrants, same fundamental concepts around applicability of rights apply to tourists and documented immigrants.
It discusses things like:
– the use of the wording “people” and “person” as opposed to “citizen” in many parts of the constitution, speaking towards the intent therein.
– legal precedents established in various court cases.
But it also covers (in good faith) some of the more troubling areas where these constitutional rights are eroded for non citizens / areas to be aware of.
Non-citizens, tourists, and even illegal immigrants are protected by the Constitution, yes.
It’s important to know that the Constitution doesn’t even define what a citizen is, at least not until after the Civil War via section 1 of the 14th amendment, and even then it’s not terribly precise: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” That was to make it clear that formerly enslaved people are citizens.
You have to show them your ID. I know you’re thinking about the constitution but nowhere in the constitution or bill of rights, etc does it mention operating a motor vehicle. Driving is a privilege, not a right
Essentially, show them your ID and cooperate. If you truly didn’t do anything wrong, you’ll probably get let off the hook. If you were speeding or something, you’ll get a ticket just like everyone else
Yes
If a cop asks you for identification you have to identify yourself regardless of whether you are an American or not. The Constitution doesn’t prevent that. The constitution however, outside of your example, would apply to you.
https://www.cnn.com/2004/LAW/06/24/dorf.police.id/
Probably best to talk to a lawyer on that one I have no idea. I mean I assume you have most rights. You can’t buy a gun or drive a car legally without a license but freedom of speech, religion, all that applies to you.
Yes. The bill of rights extends to all people living in the us or on us soil.
On a side note, that is why the prison camp for terrorists was built in Guantanamo as that is technically Cuban soil.
People are being complicated and I’m going to supply you with a simple answer: for the most part “Yes”, you just cannot enjoy the same right that a US citizen has such has possessing a firearm and voting…
Kind of.
There are baseline level rights that are afforded to anyone in the US. For instance, if you steal a chocolate bar as a Canadian in the US, the state can’t flay you alive and slowly pull your innards out while burning you to death. The 8th Amendment says that’s not allowed. You also have the right to refuse to self-incriminate yourself. You also have the right to have a lawyer present during questioning and the court must appoint you a lawyer if you can’t afford one. A police officer must also Mirandize you if he arrests you and plans to ask you questions related to the crime or questions that could incriminate you.
Officers also still need a warrant or probable cause to search you or your vehicle without your consent.
You can call Biden an asshole while shouting hate speech while attending your Pastafarian mass without the state arresting you.
There are certain rights that you are prohibited from practicing in the US as an alien. For example, possession of firearms gets a bit wonky. You can rent them at a gun range, but can’t own or possess one.
You’re also not entitled to enter the US. CBP can’t deny entry to the US to an American citizen, but is free to deny aliens entry all day long.
But generally speaking, yes. Aliens in the US are afforded most of the same rights American citizens and permanent residents have.
The rights set forth in the Bill of Rights are applicable to anyone, regardless of whether they’re a citizen. You’d be entitled to the right to remain silent (the Miranda warning, whether offered or not, doesn’t confer any rights, it just reminds you of rights you already possess), you have the same First Amendment rights as a US citizen, and you’re protected from unlawful search and seizure (although this does not apply at border crossings).
As a non-citizen, you are required to carry ID with you at all times. If a regular police officer asks for your ID if you’re just walking around not doing anything, you probably don’t need to show it (don’t quote me on that, I’m not 100% sure) in any situation where a citizen wouldn’t, but if an immigration officer requests it, you are required to produce ID. You’re border patrol agents near the border can also require you to produce your ID.
If you get pulled over for speeding, the outcome will be the same for you as it would be for a citizen for the same reasons – most likely a speeding ticket before you’re sent on your way. You are required to show ID if you’re pulled over.
Non-citizens of the USA are required to carry proof of their immigration status at all times, and implicitly the police can ask for proof of it. How they’re supposed to work out that you’re not a citizen is an interesting question, but I have to say that as soon as you said anything in a Canadian accent, the jig is up.
However, in general, most of the US constitution applies to all “persons”, only some of it applies to (the more limited class of) “citizens”. All persons in the USA are protected from unreasonable search and seizure, entitled to due process in legal actions, entitled to general freedom of speech, etc.
The problem with excessively standing on your legal rights, in the US as much (or more so) than other countries, is that you tend to suffer the consequences of being a dick now and get to prove you’re right later (given the speed of the US legal system, much later). So know your rights, but as a visitor, don’t push them more than reasonable.
Depends on the state. Some states have an obligation to identify oneself when asked.
[Stop and Identify Statutes](https://en.wikipedia.org/wiki/Stop_and_identify_statutes#Variations_in_%22stop_and_identify%22_laws)
Also the Miranda warning will only be verbalized when you are being formally arrested and being subject to custodial interrogation. If you’re stopped for going say…..8 over the speed limit, the officer is going to verify your documentation (valid driver’s license, vehicle insurance and registration) and may or may not decide to give you a citation. If the officer does cite you, they’re simply going to explain why they’re citing you (8 over the posted speed limit, taillight out, etc) and show you on the citation the phone number you can call to either contest it or pay the fine and then they’re going to send you on your way.
Yes, that is why US imprisoned enemy combatants at Gauntanamo Bay, to minimize their constitutional rights.
Article 3 Section 2 deals with jurisdiction. And broadly defines the constitution as the law of the land, not the law of the people. The last sentence in this paragraph describes that jurisdiction extends to foreign states, citizens, or subjects.
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
How would he know you aren’t an American?
Basically, yes. The rights citizens particularly enjoy (and not non-citizens) is stuff like owning a gun and voting. As for all the police authority type stuff (warrants to search, advisement of rights, punishment/sentencing, due process, etc), you have the same rights as a citizen because Americans believe those rights of human dignity spring forth from your humanity, and not from your citizenship.
You are a person, so the 14th amendment’s equal protection provisions apply to you.
Every human on Earth already possesses the rights that “the constitution” protects. So, you’re not **gaining** protections as a tourist in the US, you’re only in a place where the government recognizes them and is kept a safe distance from your natural, inherent rights that you already have by virtue of being alive.
You’ll be Mirandized only if you are arrested. You should 100% exercise your “right to remain silent” and say literally zero words except “I want a lawyer” until your attorney shows up.
Speeding tickets aren’t going to get you deported unless is some really egregious velocity.
The laws cover you too. Having said that, why not just cooperate? You’ll have a much easier time and can get on with your vacation
Miranda rights only apply if you are being detained and interrogated about a crime and your testimony could cause you to be found guilty in a criminal trial. You are not going to mirandized over something like a speeding ticket. If a cop ever mirandizes you, it means you are in very, VERY serious trouble. Like, the hard prison time sort of trouble.
Source: Am a former cop.
Also, fun fact, the vast number of “illegal” immigration cases aren’t actually illegal. Most are classified as civil disputes. The police can’t actually arrest you for it, immigration and customs can, and the police can notify immigration and customs that they ran into you, but yeah. The cops can’t just throw you on a plane to wherever you came from. It doesn’t work like that.