# Do the Miranda rights apply for a non-citizen of the US? **URL:** \ **Category:** Factual Questions\ **Created:** [August 19, 2007, 8:37am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128 "2007-08-19T08:37:19Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ElGaucho](https://avatars.discourse-cdn.com/v4/letter/e/df788c/32.png) [@ElGaucho](https://boards.straightdope.com/u/ElGaucho)\ **Post date:** [August 19, 2007, 8:37am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/1 "2007-08-19T08:37:19Z")
When a guy who is not a citizen of the US is arrested, do the Miranda rights apply to him? Also does the 5th Amendment ( sorry if the spelling is wrong ) apply to him in a trial? How does a non-citizen stand in regards to the Constitutional rights in a situation like this? If the questions aren`t clear, I am sorry but English is not my native language. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [August 19, 2007, 8:44am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/2 "2007-08-19T08:44:16Z")
Yes, the Miranda rights apply, as does the 5th Ammendment right against self-incrimination. ---
**Author:** ![ElGaucho](https://avatars.discourse-cdn.com/v4/letter/e/df788c/32.png) [@ElGaucho](https://boards.straightdope.com/u/ElGaucho)\ **Post date:** [August 19, 2007, 8:46am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/3 "2007-08-19T08:46:55Z")
In all cases? To be more specific, this question is related to a possible RICO matter? ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 19, 2007, 8:50am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/4 "2007-08-19T08:50:41Z")
Well, the Miranda decision just said the police have to _inform_ you of your rights. Miranda is not a “right” or set of rights in itself. Even before Miranda, an arrested person always had the right to remain silent (5th amendment) and the right to legal counsel (6th amendment). As a foreign national, you don’t have _all_ the civil liberties guaranteed to citizens, though you do have to right to silence and counsel. My advice if you get arrested is to say nothing except “I want a lawyer.” ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [August 19, 2007, 9:16am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/5 "2007-08-19T09:16:55Z")
> [@ElGaucho](#): > > Amendment ( sorry if the spelling is wrong ) [QUOTE=Monty] Ammendment [/QUOTE] **ElGaucho** , I don’t know why you worry so much about spelling. 😉 ---
**Author:** ![denquixote](https://avatars.discourse-cdn.com/v4/letter/d/b9bd4f/32.png) [@denquixote](https://boards.straightdope.com/u/denquixote)\ **Post date:** [August 19, 2007, 11:21am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/6 "2007-08-19T11:21:53Z")
well as long as you are not being classified as a terrorist or a sympathizer or aider and abetter and they don’t ship your ass to Guantanamo, then the Constitution still applies, so far. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [August 19, 2007, 1:55pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/7 "2007-08-19T13:55:08Z")
Reading the text of the Constitution usually helps in these matters. 😉 > [@Fifth Amendment](#): > > No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. As you see, we are talking no “person”. Not resident or citizen. Contrast the language in the 15th Amendment on voting rights to see the difference. 🙂 ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [August 19, 2007, 3:16pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/8 "2007-08-19T15:16:22Z")
The police will read you your Miranda rights because in the US you can’t assume based solely on appearance, language, dress, etc. that someone is NOT a US citizen - lots of US citizens grew up elsewhere. Like the governor of California, for instance, who still sounds Austrian to my ears. Or Henry Kissinger, who was Secretary of State under Nixon but clearly did not grow up in North America. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [August 19, 2007, 4:39pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/9 "2007-08-19T16:39:03Z")
[QUOTE=Broomstick] The police will read you your Miranda rights because in the US you can’t assume based solely on appearance, language, dress, etc. that someone is NOT a US citizen - lots of US citizens grew up elsewhere. [/QUOTE] That is incorrect. It doesn’t matter whether you are a citizen or not-- the 5th amendment applies (as long as you are in the US). If the police arrest someone who is here on vacation (ie, not even a green card holder), and they don’t inform him of his rights, then anything they say to the police can potentially be excluded from the trial (assuming there is a trial). Read the post immediately before yours. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 19, 2007, 4:42pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/10 "2007-08-19T16:42:19Z")
**John Mace** , I think you misread what \*\*Broomstick \*\* said. Perhaps it was the two uses of negatives. You’re both saying the same correct thing. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [August 19, 2007, 4:54pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/11 "2007-08-19T16:54:44Z")
[QUOTE=Exapno Mapcase] **John Mace** , I think you misread what \*\*Broomstick \*\* said. Perhaps it was the two uses of negatives. You’re both saying the same correct thing. [/QUOTE] Perhaps, but I read it as saying: They read you your rights just in case you might be a citizen (implying that non-citizens don’t have 5th amendment rights). ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [August 20, 2007, 4:31am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/12 "2007-08-20T04:31:40Z")
[QUOTE=denquixote] well as long as you are not being classified as a terrorist or a sympathizer or aider and abetter and they don’t ship your ass to Guantanamo, then the Constitution still applies, so far. [/QUOTE] **denquixote**. This is just another example of your continuing campaign to politicize comments in General Questions(if not other forums–I can’t read everything). This is not an official warning, just friendly advice to step back and notice your posting style. You don’t seem to have a good grasp on what passes for polite commentary around here, not to mention what kind of posts are allowed in which forums. Add this one to the advice you got today from **Colibri**. You’re always welcome in General Questions, as long as you dont offer diatribes about the current(or any other) administration. As I"ve been known to do, I’ll send you a link to this post in your email. **samclem** moderator in General Questions ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [August 20, 2007, 8:27am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/13 "2007-08-20T08:27:48Z")
[QUOTE=Bryan Ekers] As a foreign national, you don’t have _all_ the civil liberties guaranteed to citizens, though you do have to right to silence and counsel. My advice if you get arrested is to say nothing except “I want a lawyer.” [/QUOTE] What civil rights do foreign national not get? ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [August 20, 2007, 8:45am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/14 "2007-08-20T08:45:51Z")
[QUOTE=TokyoPlayer] What civil rights do foreign national not get? [/QUOTE] Right to vote? Right to bear arms? Free delivery with purchase? ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [August 20, 2007, 10:38am UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/15 "2007-08-20T10:38:28Z")
[QUOTE=John Mace] That is incorrect. It doesn’t matter whether you are a citizen or not-- the 5th amendment applies (as long as you are in the US). If the police arrest someone who is here on vacation (ie, not even a green card holder), and they don’t inform him of his rights, then anything they say to the police can potentially be excluded from the trial (assuming there is a trial). Read the post immediately before yours. [/QUOTE] Yes, that is true. What is also true is that _even if_ (hypothetically in some alternate universe) not all of the Miranda rights applied to a non-citizen they would STILL read them off because you can’t tell at a glance who is and is not a US citizen. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [August 20, 2007, 2:34pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/16 "2007-08-20T14:34:24Z")
[QUOTE=pkbites] Right to vote? Right to bear arms? Free delivery with purchase? [/QUOTE] From [wiki](http://en.wikipedia.org/wiki/Civil_liberties) > [@](#): > > Civil liberties is the name given to freedoms that completely protect the individual from government. Civil liberties set limits for government so that it can not abuse its power and interfere with the lives of its citizens. > > Common civil liberties include freedom of association, freedom of assembly, freedom of religion, and freedom of speech, and additionally, to due process, to a fair trial, to bear arms, and to privacy. > > The formal concept of civil liberties dates back to the Magna Carta of 1215 which in turn was based on pre-existing documents. > > By definition democracies such as the United States and Canada have a Constitution, a bill of rights and similar constitutional documents that enumerate and seek to guarantee civil liberties. Other states have enacted similar laws through a variety of legal means, including signing and ratifying or otherwise giving effect to key conventions such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Foreigners are not allowed to vote, but that is a separate issue. Is there a cite for non-citizens not being allowed to own firearms? A Japanese friend back in Utah had a gun which he purchased. **Bryan Ekers** , cite for your statement? ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [August 20, 2007, 2:50pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/17 "2007-08-20T14:50:23Z")
I’m not sure of the exact mechanisms involved, but I’m naive enough to believe that if you’re in any reasonably civilised country, you will be afforded protections upon arrest that will be roughly equivalent to those you’re familiar with on your home soil. You’ll still get bad cops and unfair treatment sometimes, but it’s just too dodgy and there’s too much international scrutiny for foreigners to be treated much differently to locals. And it just _looks_ bad - especially if you’re spending billions on international “hearts and minds” campaigns. Also, it’s simpler if the rights are uniform. A cop can spend seconds reading learned-by-rote rights, or minutes or hours navigating an unfamiliar special arrest procedure - he’ll choose the first. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 20, 2007, 6:17pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/18 "2007-08-20T18:17:06Z")
[QUOTE=TokyoPlayer] What civil rights do foreign national not get? [/QUOTE] Relatively minor stuff, I admit. There isn’t a comprehensive full faith and credit deal, so a perfectly legal same-sex Canadian marriage may not be recognized in the U.S. I also can’t make campaign contributions to American political parties, should I choose. Nothing specific to Miranda, but I’m just pointing out that saying “everyone in the U.S., regardless of citizenship, gets the same civil rights” requires some minor qualifiers. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [August 20, 2007, 6:30pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/19 "2007-08-20T18:30:13Z")
As an alien living in the US for nearly 8 years, I’ve found a number of differences in civil rights. There are actually three classes of people here: citizens, permanent resident aliens, and other aliens (including those on student visas and on temporary employment visas). Aliens cannot: (1) vote or register to vote; (2) run for political office; (3) sign certain petitions (e.g., those nominating candidates for election and those proposing issues for referenda; (4) circulate those petitions; (5) work in some government jobs. Aliens who are not permanent residents cannot make financial contributions to political parties or candidates. In addition, citizens cannot be deported for any reason, unless their citizenship is also taken away from them. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [August 20, 2007, 6:30pm UTC](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128/20 "2007-08-20T18:30:18Z")
[QUOTE=TokyoPlayer] Foreigners are not allowed to vote, but that is a separate issue. Is there a cite for non-citizens not being allowed to own firearms? A Japanese friend back in Utah had a gun which he purchased. **Bryan Ekers** , cite for your statement? [/QUOTE] The Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. [Next page](https://boards.straightdope.com/t/do-the-miranda-rights-apply-for-a-non-citizen-of-the-us/416128.md?page=2)