INS v. Delgado

In INS v. Delgado (1984) 466 U.S. 210, armed Inmigration and Naturalization Services agents, equipped with badges and walkie-talkies, entered garment factories looking for illegal aliens. They were determined to question everyone present, and they positioned guards at all the exits to make certain they would. (INS v. Delgado, supra, 466 U.S. at p. 218.) Still, no one who was eventually arrested actually tried to leave, and the officers only minimally intruded upon the work that was being done. The workers later complained they had been detained illegally and dissuaded from leaving the factories by the armed guards, but the Supreme Court classified the encounters as consensual. (Ibid.) The majority explained that while the workers might not have been allowed to leave their factories had they tried to do so, what kept them at their work sites was not the show of authority but their "voluntary obligations to their employers." (Ibid.) Because of the existence of this "independent factor," the court concluded the workers were never seized within the meaning of the Fourth Amendment. (Ibid.)