Under what circumstances will a search warrant be used to question an individual's immigration status?

Third, if an individual is lawfully detained during the execution of a search warrant, officers are not required to have "independent reasonable suspicion in order to question [an individual] concerning [his or her] immigration status." Muehler v. Mena , 544 U.S. 93, 100, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005) ; see id. at 95-96, 125 S.Ct. 1465 (upholding detention and questioning of individual present in home, where search warrant "authorized a broad search of the house and premises for, among other things, deadly weapons and evidence of gang membership"). At the same time, a seizure may become unlawful if an individual's "detention [is] prolonged by the questioning," id. at 101, 125 S.Ct. 1465, and the "Fourth Amendment does provide protection against random or gratuitous questioning related to an individual's immigration status," Rajah , 544 F.3d at 441.

Fourth, "[s]tatements made during a custodial interrogation are generally inadmissible unless a suspect has first been advised of his or her rights" under the Fifth Amendment pursuant to Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

[897 F.3d 124]

United States v. Faux , 828 F.3d 130, 134 (2d Cir. 2016).⁴ Determining whether an individual is in custody is "an objective inquiry that asks (1) whether a reasonable person would have thought he was free to leave the police encounter at issue and (2) whether a reasonable person would have understood his freedom of action to have been curtailed to a degree associated with formal arrest. " Id. (quoting United States v. Newton , 369 F.3d 659, 672 (2d Cir. 2004) ).