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Hernandez v Mesa question
Posted on 2/22/17 at 9:38 am
Posted on 2/22/17 at 9:38 am
This is the case that the border patrol shot across the border and killed an allegedly unarmed Mexican citizen.
Is the basis of the case the 14th amendment, no person shall deprive life liberty and the pursuit of happiness?
My second question is where did the crime occur? He shot from the USA but the individual was in Mexico. Is there any suggestion that he was performing his duty and it was not a crime? I understand he has been convicted.
Is the basis of the case the 14th amendment, no person shall deprive life liberty and the pursuit of happiness?
My second question is where did the crime occur? He shot from the USA but the individual was in Mexico. Is there any suggestion that he was performing his duty and it was not a crime? I understand he has been convicted.
Posted on 2/22/17 at 9:55 am to sms151t
weird. I typed out a post and it didn't post.
Regardless, I am not certain what the legal basis of for the argument, I am curious as to that myself.
the incident happened in a dry, paved river bed with the border falling in the middle of that paved expanse. I saw a video clip of it last night, and it did not look good for the BP agent. He did not appear to be under duress, he appeared to have one suspect apprehended and was aiming his weapon at the child who was shot. it appeared as though the reports of the kids playing a game and touching the border fence is what led to the incident. there did not appear to be rocks being thrown, as claimed yesterday, but I will admit that the video could have been edited to not reflect that aspect of the incident.
It is my understanding the BP agent has been charged by the Mexican authorities with murder, but has yet to be handed over to face charges. I do not believe he has been charged with any crime in the US, but I am not certain.
I'll see if I can find a link for it.
Regardless, I am not certain what the legal basis of for the argument, I am curious as to that myself.
the incident happened in a dry, paved river bed with the border falling in the middle of that paved expanse. I saw a video clip of it last night, and it did not look good for the BP agent. He did not appear to be under duress, he appeared to have one suspect apprehended and was aiming his weapon at the child who was shot. it appeared as though the reports of the kids playing a game and touching the border fence is what led to the incident. there did not appear to be rocks being thrown, as claimed yesterday, but I will admit that the video could have been edited to not reflect that aspect of the incident.
It is my understanding the BP agent has been charged by the Mexican authorities with murder, but has yet to be handed over to face charges. I do not believe he has been charged with any crime in the US, but I am not certain.
I'll see if I can find a link for it.
Posted on 2/22/17 at 10:16 am to sms151t
quote:
Mesa, a civilian law enforcement officer, fired the bullet in the United States, striking Hernández, also a civilian, and depriving Hernández of his fundamental right to life. For that reason, Hilliard argued, the Fourth Amendment’s bar on the unjustified use of deadly force applied to Hernández, even if he was outside the United States when the shooting occurred.
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