to sue on the grounds that your fifth ammendment right was violated? An illegal was asked by a cop if they were a US citizen and they said no. The cop notified immigration. Now they are suing. Just wondering.
2007-11-13 14:28:21 · 22 answers · asked by Anonymous in Politics & Government ➔ Immigration
SFC_Ollie...just for your information, I am NOT the one suing. I simply heard this story on the news.
2007-11-13 14:40:14 · update #1
I believe he is suing the state of Oklahoma...it's something to do with HB 1804.
2007-11-13 14:47:12 · update #2
He didn't choose not to respond, he chose to answer the question posed truthfully. I imagine the defense attorney would like to create a court requirement similar to Miranda, where the police officer, or even the immigration officer would be required to warn the person being questioned that anything he says could be used against him. But immigration law isn't criminal law. He can sue if he likes, but I'd be very surprised to see this upheld. It's an interesting approach though.
2007-11-13 14:41:08 · answer #1 · answered by George L 7 · 2⤊ 1⤋
The defense couldn't use the Miranda, because the guy wasn't being arrested when asked the question. They could use intimidation by the cop, but that won't really work. He was asked a question, he answered, got caught. What I'm wondering is if he was illegal, why he wasn't deported, and why is he still here and able to sue?
Stranggo, he's still illegal. How is he going to stay here forever once that is known?
2007-11-13 23:12:50 · answer #2 · answered by Gretl 6 · 0⤊ 1⤋
...that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness...
I think that this country was founded an the assumption that some rights are rights because your a man (a human) and they are unalienable. You can't say that because someone is an alien they don't have them. Taking rights from one person, legal or illegal, is the first step to a police state.
Don't give your rights away just because you don't like illegals.
2007-11-13 23:48:13 · answer #3 · answered by I luv NY 2 · 1⤊ 1⤋
It's very simple.
If you're not a U.S. citizen, you have no Fifth Amendment right, because the Constitution guarantees inalienable rights to its citizens ... not people who sneak in the country, and stay illegally.
If that illegal wasn't an idiot, he would've refused to answer the question. As Americans, we know we have the right to keep our big fat mouths shut.
A lawsuit will only waste taxpayer money.
2007-11-14 03:16:16 · answer #4 · answered by teaser0311 6 · 0⤊ 1⤋
I don't see how his fifth amendment was violeted if he answered "no." He could probably sue under something else. I mean, he could very well, be a legal resident. Just because you're not a citizen should your rights not be respected. If this person is residing legally, he deserves the same rights as everyone else.
2007-11-14 01:37:38 · answer #5 · answered by Bree 3 · 0⤊ 1⤋
It doesn't stand to reason that a non-US citizen would have the right to anything. They are not a citizen. I don't even think they have due process. Immediately after they file a suit you will hear a thunderous BOOOM! They will be jettisoned out of the United States like an alien flying object and burn up in re-entry. The best thing is to go home.
2007-11-13 22:39:30 · answer #6 · answered by mark_hensley@sbcglobal.net 7 · 1⤊ 2⤋
Surprise! It has been ruled that foreign persons residing in the United States (everyone) have the same protection under our laws. That is why some laws attacking illegal immigrants have in turned been overruled by the court system.
2007-11-13 23:07:23 · answer #7 · answered by Stranggore 4 · 1⤊ 1⤋
So your question is actually , Does an Illegal immigrant have the right to lie to our law enforcement officers?
No No No NO.
they have the right to go home and apply to enter the country legally.
Too many of you liberals want everyone to sue everyone else.
2007-11-13 22:36:53 · answer #8 · answered by SFC_Ollie 7 · 1⤊ 2⤋
Of course they have no rights.
You are either are protected by the law and are subject to the law, or you are not.
They come here in violation of our laws and say that they should not be subjected to it's penalties. If that is the case then they should also not benifit from it's protections.
If you come here illegally, then you have declared yourself to not be under our legal jurisdiction, so anything any American wants to do to you should also be OK because you don't want the laws to apply to you.
2007-11-13 22:41:25 · answer #9 · answered by Anonymous · 1⤊ 2⤋
Not sure how his 5th amendment rights were violated. He wasn't forced to incriminate himself,he said no. He will be given due process if they found him to be an Illegal,unfortunately. So I guess I fail to see how he has a case personally.
YTP
2007-11-13 22:35:17 · answer #10 · answered by Anonymous · 2⤊ 1⤋