Cheung Tin Wong v. United States Immigration & Naturalization Service

In Cheung Tin Wong v. United States Immigration & Naturalization Service, 152 U.S.App.D.C. 66, 468 F.2d 1123 (1972) the court was asked to find that an INS investigator had transgressed fourth amendment limitations in apprehending the petitioner, an alien crewman who had jumped ship. The investigator had observed, from his moving car, two men of Chinese appearance, one of whom was wearing a white shirt described as being of the type worn by busboys, walking along the sidewalk in the vicinity of a shopping center whose establishments included a Chinese restaurant. After passing the two men, the investigator, watching them through his rearview mirror, saw them hail a taxi, saw the petitioner enter the cab and noticed that his companion gave instructions to the driver. Concluding that the petitioner could not speak English, the investigator made a U-turn and caught the cab at a traffic light. He identified himself to the driver as an INS officer, asked the driver to remain stopped and began questioning the petitioner. (152 U.S.App.D.C. at 67-68, 468 F.2d at 1124-25.)