Replies

The 4th amendment applies to"the people" not "the citizens." Every court case I am aware of upholds 4th amendment rights for all people in the U.S. and does not make the distinction that you are trying to make. I have been involved in many cases personally where the person is not a citizen and there has never been a question as to whether 4th amendment protections applies to the individual.

No, I agree with you. However, I wonder if a Conservative judge would agree also, just curious.

My comment was directed at the intention of the Founding Fathers. While we can not know, only infer, I would guess that they wrote the Constitution for citizens.

There is a case on this point which I cannot locate at the moment. I don't think, although I cannot be sure, that it is a Supreme Court case, but I don't remember what circuit it is from.

Anyway, the case involved a drug courier who was a non-citizen living in another country (maybe Colombia). He had come to this country for just one day, by commercial air travel IIRC, when he was apprehended.

It was held that coming into this country for a single day for the sole purpose of delivering illegal drugs does not make him one of "the people" of the United States and therefore the 4th Amendment did not apply.

I am pinging Congressman Billly Bob and mrsmith to see if they recall the case that I am talking about.

If this case is as I remember it, it is precedent that applies to that OAD who was in this country just for a few hours solely to deliver illegal drugs.