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A similar item featured in Sheela Murthy\'s immigration bulletin dated 11-16-2001. It can be found at
http://www.murthy.com/nov1601.pdf. I am copying the related item below.
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5. Court Allows Questioning of Driver About Passenger\'s Status
The U.S. Court of Appeals for the Eighth Circuit, in the case of United States v Rodriguez-
Arreola, decided on October 12, 2001, found that it was constitutionally permissible for police to
question a driver, during a routine traffic stop, regarding a passenger\'s immigration status.
The facts of the case are as follows. Mr. Rodriguez-Arreola was a passenger in a car driven by a
friend. When the driver was stopped for speeding, the patrol officer inquired as to his immigration
status. He also asked the friend about the immigration status of his passenger, Mr. Rodriguez-
Arreola. The driver informed the officer that the passenger did not have legal status. The officer
then proceeded to question the passenger about his immigration status and to obtain verification
from INS. The evidence gathered as a result of this questioning was admissible in a criminal
prosecution for unlawful reentry to the U.S. following an order of removal (formerly known as deportation).
The Court decided that the questioning was proper and information obtained could be used
against Mr. Rodriguez-Arreola. The Court reasoned that officers with reasonable suspicion to
detain an individual may ask questions related to identity and to information connected to their
suspicions. The Court found that the passenger could not suppress the use of information
gathered from the questioning of the driver, as he had no expectation of privacy regarding the
driver\'s knowledge of his immigration status. The passenger was limited to challenging the
violations of his own rights. Therefore, the officer had reasonable suspicion, via his questioning of
the driver, to inquire into the passenger\'s immigration status directly.
© The Law Office of Sheela Murthy P.C.
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