United States v. Campos-Serrano

PETITIONER: United States
RESPONDENT: Campos-Serrano
LOCATION: Illinois State Penitentiary at Menard, Illinois

DOCKET NO.: 70-46
DECIDED BY: Burger Court (1971-1972)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 404 US 293 (1971)
ARGUED: Oct 14, 1971
DECIDED: Dec 20, 1971

ADVOCATES:
Erwin N. Griswold - for petitioner
John J. Cleary - for respondent
William Bradford Reynolds - for petitioner

Facts of the case

Question

Media for United States v. Campos-Serrano

Audio Transcription for Oral Argument - October 14, 1971 in United States v. Campos-Serrano

Warren E. Burger:

The arguments next in number 46, United States against Campos-Serrano.

Mr. Solicitor General.

Erwin N. Griswold:

Mr. Chief Justice and may it pleas the court.

I move the admission pro hac vice of Mr. W. Bradford Reynolds who is of my staff for the purpose of arguing this case.

I may say that his three years expires on Saturday and if the case had gone over till Monday, it would not have been necessary to make this motion.

Warren E. Burger:

Perhaps, we are happy to grant your motion and we will be happy to welcome Mr. Reynolds on a more prominent basis.

William Bradford Reynolds:

Mr. Chief Justice and may it please the Court.

This case is here on writ of certiorari to the United States Court of Appeals for the Seventh Circuit to review the decision of that Court, reversing a judgment of conviction of the District Court.

It presents important questions relating to the manner in which immigration investigators can without infringing on the individual right against self-incrimination under the Fifth Amendment, carry out their statutory of responsibility to determine whether aliens or persons believed to be aliens are lawfully in the United States.

The facts were essentially these.

On the morning of November 19, 1968, approximately eight agents of the immigration and Naturalization Service conducted an investigation of employees as a rule on manufacturing company in Chicago, Illinois where it was expected that aliens unlawfully in the United States were working.

Some 15 or 16 aliens were arrested for being in the country in violation of the immigration law, including Juan Miguel Rico.

All were place in Agent’s Automobile and as is customary practice, they were driven to their respective residences to gather their personal belongings.

Upon arriving at Rico’s residence at approximately 8:45 am, Rico and two INS investigators, Jacobs and Beryl, went to the door of his apartment.

Rico knocked and respondent opened the door and admitted the three men.

The Agents identified themselves and explained to respondent in Spanish that Rico had been arrested and that they were there to collect his personal belongings.

No search was made of the premises.

Agent Beryl accompanied Rico into his room, Agent Jacobs remained in the living room with the respondent.

Jacob who is an INS investigator is authorized by statute to interrogate without warrant, any alien or person believed to be an alien as to his right to be or remain in the United States.

He inquired in Spanish as to respondent's citizenship.

Respondent replied that he was Mexican and when asked about his alien status, he stated that he was a resident alien.

Jacobs then asked for proof and respondent produced his Alien Registration receipt card which is the identification card that is issued by the immigration service to all the aliens who have been locally admitted into the country in a permanent resident status.

Is that what they call the Blue Card?

William Bradford Reynolds:

The Green Card, Your Honor.

Green Card.

Now here is the requirement have that on at all times.

William Bradford Reynolds:

At all times, yes Your Honor by the statute.

Under this layer?

William Bradford Reynolds:

The statute does not require that he display it.

The statute requires that he retain it in his possession at all times and the statute does permit interrogation of the alien to satisfy the investigators.