# Immigration & Naturalization Service v. Delgado > Supreme Court of the United States · April 17, 1984 · 466 U.S. 210 URL: https://www.frixlaw.com/law-library/cases/9429567 ## Case - **Full name:** IMMIGRATION AND NATURALIZATION SERVICE Et Al. v. DELGADO Et Al. - **Court:** Supreme Court of the United States - **Decided:** April 17, 1984 - **Citations:** 466 U.S. 210; 52 U.S.L.W. 4436; 104 S. Ct. 1758; 80 L. Ed. 2d 247; 1984 U.S. LEXIS 57 - **Precedential status:** Published - **Opinion:** Concurrence by Stevens - **Judges:** Rehnquist, Burger, White, Blackmun, Stevens, O'Connor, Powell, Brennan, Marshall - **Cited by:** 1,553 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9429567 ## How later opinions describe it (automated extraction) - explaining that responses to a police officer’s questions may be consensual even though individual may feel compelled and may not have been informed of the right not to respond; questioning does not result in Fourth Amendment detention unless the circumstances of the encounter… - stating that the seizure analysis "properly looks not to the subjective impressions of the person questioned but rather to the objective characteristics of the encounter which may suggest whether or not a reasonable person would believe that he remained free during the course … - holding that no seizure occurred when INS agents positioned themselves near factory exits, and noting that “[ojrdinarily, when people are at work their freedom to move about has been meaningfully restricted, not by the actions of law enforcement officials, but by the workers’ … - stating that a consensual encounter between an officer and a citizen “can be transformed into a seizure or detention within the meaning of the Fourth Amendment, if, in view of the circumstances surrounding the incident, a reasonable person would have believed that he was not f… - holding “police questioning, by itself, is unlikely to result in a Fourth Amendment violation. While most citizens will respond to a police request, the fact that people do so without being told they are free not to respond, hardly eliminates the consensual nature of the respo… ## Opinion text Justice Stevens, concurring. A trial has not yet been held in this case. The District Court entered summary judgment against respondents, and the Court of Appeals, in reversing, did not remand the case for trial but rather directed the District Court to enter summary judgment for respondents and a permanent injunction against petitioners. As the case comes to us, therefore, we must construe the record most favorably to petitioners, and resolve all issues of fact in their favor. Because I agree that this record is insufficient to establish that there is no genuine issue of fact on the question whether any of the respondents could have reasonably believed that he or she had been detained in some meaningful way, I j oin the opinion of the Court. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9429567. Public record. Not legal advice.