This question has been debated and discussed often, especially since the “wars” on drugs and terror (with similar results). The truth is that the constitution protects all people in MOST cases, but not all. (0) It’s a complex answer and, as someone else mentioned, things change by case law (court decisions) all the time.

Note that if someone is being charged as some type of combatant or intelligence operative, they will have very few “rights” and apparently can be held for a very long time (see Gitmo).

0. https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a...

Exactly