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- Immigration_and_Naturalization_Service_v._Delgado abstract "Immigration and Naturalization Service v. Delgado, 466 U.S. 210 (1984), was a United States Supreme Court case concerning whether the restrictions placed on government officials by the Fourth Amendment applied to “factory sweeps” by the Immigration and Naturalization Service (INS), in particular two factory sweeps conducted in January and September 1977. During these sweeps, INS agents surveyed the Southern California Davis Pleating Co. in search of illegal alien workers. The agents were acting in accordance with two warrants. Neither of these warrants identified any particular individuals, but showed probable cause that there may be a number of aliens working on the premises. Workers were systematically questioned to determine their citizenship status and asked to produce their immigration papers if their answers were not satisfactory. Agents were stationed at the doors, though there is no record of whether this was meant to restrain the workers in question or merely to ensure that everyone was properly questioned. Four of the employees questioned filed actions against the INS in 1978, arguing that the sweeps violated their Fourth Amendment right to be free from unreasonable search and seizure, and their right to equal protection under the Fifth Amendment. The Fourth Amendment states: \"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.\" The case hinged not on whether the search was reasonable or there was probable cause for a seizure of the workforce, but whether a seizure took place at all, and therefore whether the protections of the Fourth Amendment applied. [2] The Court held that the survey of the factory was instead an instance of “mere questing”; the Court has adopted, as a rule, the theory that not every interaction between police or government officials and citizens qualifies as a search or seizure, and that officials can approach and speak with people so long as the interaction is clearly consensual.[3] The decision therefore depended largely on whether the presence of INS agents at the doors of the factory, and the manner in general with which the workers were approached and questioned, were truly consensual or included acts of restraint or coercion.[4]".
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- Immigration_and_Naturalization_Service_v._Delgado wikiPageWikiLink Fifth_Amendment_to_the_United_States_Constitution.
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- Immigration_and_Naturalization_Service_v._Delgado wikiPageWikiLinkText "Immigration and Naturalization Service v. Delgado".
- Immigration_and_Naturalization_Service_v._Delgado arguedate "--01-11".
- Immigration_and_Naturalization_Service_v._Delgado argueyear "1984".
- Immigration_and_Naturalization_Service_v._Delgado citation "17280.0".
- Immigration_and_Naturalization_Service_v._Delgado concurrence "Stevens, Powell".
- Immigration_and_Naturalization_Service_v._Delgado dissent "Brennan".
- Immigration_and_Naturalization_Service_v._Delgado decidedate "--04-17".
- Immigration_and_Naturalization_Service_v._Delgado decideyear "1984".
- Immigration_and_Naturalization_Service_v._Delgado fullname "Immigration and Naturalization Service, et al. v. Delgado".
- Immigration_and_Naturalization_Service_v._Delgado holding "Unless the circumstances of an encounter between law enforcement and citizens are so intimidating as to demonstrate that a reasonable person would have believed he was not free to leave if he had not responded, one cannot say that the encounter qualifies as detention under the Fourth Amendment.".
- Immigration_and_Naturalization_Service_v._Delgado dissent "Marshall".
- Immigration_and_Naturalization_Service_v._Delgado joinmajority "Burger, White, Blackmun, Stevens, O'Connor".
- Immigration_and_Naturalization_Service_v._Delgado lawsapplied Fourth_Amendment_to_the_United_States_Constitution.
- Immigration_and_Naturalization_Service_v._Delgado litigants "Immigration and Naturalization Service v. Delgado".
- Immigration_and_Naturalization_Service_v._Delgado majority "Rehnquist".
- Immigration_and_Naturalization_Service_v._Delgado scotus "1981".
- Immigration_and_Naturalization_Service_v._Delgado uspage "210".
- Immigration_and_Naturalization_Service_v._Delgado usvol "466".
- Immigration_and_Naturalization_Service_v._Delgado wikiPageUsesTemplate Template:Citation_needed.
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- Immigration_and_Naturalization_Service_v._Delgado subject Category:1984_in_United_States_case_law.
- Immigration_and_Naturalization_Service_v._Delgado subject Category:United_States_Fourth_Amendment_case_law.
- Immigration_and_Naturalization_Service_v._Delgado subject Category:United_States_Supreme_Court_cases.
- Immigration_and_Naturalization_Service_v._Delgado subject Category:United_States_Supreme_Court_cases_of_the_Burger_Court.
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- Immigration_and_Naturalization_Service_v._Delgado comment "Immigration and Naturalization Service v. Delgado, 466 U.S. 210 (1984), was a United States Supreme Court case concerning whether the restrictions placed on government officials by the Fourth Amendment applied to “factory sweeps” by the Immigration and Naturalization Service (INS), in particular two factory sweeps conducted in January and September 1977. During these sweeps, INS agents surveyed the Southern California Davis Pleating Co. in search of illegal alien workers.".
- Immigration_and_Naturalization_Service_v._Delgado label "Immigration and Naturalization Service v. Delgado".
- Immigration_and_Naturalization_Service_v._Delgado sameAs Q6005081.
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- Immigration_and_Naturalization_Service_v._Delgado isPrimaryTopicOf Immigration_and_Naturalization_Service_v._Delgado.
- Immigration_and_Naturalization_Service_v._Delgado name "Immigration and Naturalization Service, et al. v. Delgado".