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Previously deported alien has no Fourth Amendment rights

By John Wesley Hall, Jr.

Previously deported alien has no Fourth Amendment rights. United States v. Gutierrez-Casada, 2008 U.S. Dist. LEXIS 39406 (D. Kan. May 14, 2008): Just as an escaped prisoner is wrongfully present anywhere but in the penitentiary, the deported felonious alien is wrongfully present anywhere in the United States. Just as an escaped prisoner enjoys no greater Fourth Amendment rights when outside the prison walls than he does when within them, a deported felonious alien obtains no greater Fourth Amendment rights by reentering the United States than he would have had if he had remained outside the United States. Had this defendant remained outside the United States, he would have had no Fourth Amendment rights because that Amendment has no extraterritorial application...continue to full post

Full post as published by Fourth Amendment on May 18, 2008 (boomark / email).