A federal agent standing on U.S. soil shot and killed someone across the border in Mexico. Was the shooting unconstitutional?
By Camille Mott
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The fencing on the border between the U.S. and Mexico in Tecate, northwestern Mexico, on Jan. 26.
Mario Vazquez/AFP/Getty Images
On June 7, 2010, 15-year-old Mexican citizen Sergio Hernandez Guereca was playing in the cement culvert that divides Juárez, Mexico, and El Paso, Texas. According to a brief filed by Hernandez’s family, he and his friends dared each other to run up and touch the American border fence. Jesus Mesa Jr., a U.S. Border Patrol agent, grabbed one of the boys. Hernandez fled, crossing back into Mexico before being shot in the head by Agent Mesa, who was still standing on American soil. Hernandez’s family has sued Mesa, alleging that the shooting of their son violated the Fourth Amendment. On Tuesday, the Supreme Court will hear arguments in Hernandez v. Mesa to decide whether the border is “an on/off switch for the Constitution’s protections against the unreasonable use of deadly force.”
Read more:
http://www.slate.com/articles/news_and_politics/jurisprudence/2017/02/an_interview_with_deepak_gupta_the_attorney_in_hernandez_v_mesa.htmlThe stuff following where I cut off is Slate's slant (which is predictable). What's yours?
