Border Patrol Agents Save Woman Left to Die by Smugglers
Border Patrol Agents Save Woman Left to Die by Smugglers
Border Patrol agents four 58 bundles of meth heroin and cocaine in a car they stopped near Temecula
28 June, 2017, 03:18
The high court sent the case back to a lower court for reconsideration.
The agents notified dispatch to call for medical assistance, but an Emergency Medical Technician (EMT) trained Border Patrol agent arrived first and began to help stabilize her and bring her body temperature down until emergency first responders arrived. The family's lawyer said he was playing a game with friends in which they dared each other to run up a culvert incline, touch the border fence, then run back to the bottom of the culvert.
"With respect to petitioners' Fourth Amendment claim, the en banc Court of Appeals found it unnecessary to address the Bivens question because it concluded that Hernandez lacked any Fourth Amendment rights under the circumstances", the opinion continues.
The Supreme Court had ruled in United States v. Verdugo-Urquidez in 1990 that the Constitution provides non-citizens no protection against unreasonable searches and seizures by government agents beyond the USA border.
"Facts an officer learns after the incident ends - whether those facts would support granting immunity or denying it - are not relevant", the court said.
The Texas case may still have a long way to go in the courts, but the ultimate outcome could affect a similar case in Nogales, where a Border Patrol agent in the US fired across the border in 2012 and killed a Mexican youth. "The en banc Court of Appeals therefore erred in granting qualified immunity based on those facts", the opinion says.
Justice Clarence Thomas dissented in Monday's decision, saying he would prefer upholding the 5th Circuit ruling.
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According to the Department of Homeland Security, on Wednesday, while Border Patrol was tracking a group of undocumented immigrants, they happened upon a woman who appeared to be suffering from a heat stroke.
Robert Hilliard, an attorney representing Sergio's family, said after the Supreme Court's decision that he is eager to return to the appeals court to argue the case before the 5th U.S. Circuit Court of Appeals.
The en banc 5th Circuit had found no violation of Hernandez's Fourth Amendment rights, and had said the border agent was entitled to qualified immunity on a Fifth Amendment claim. "When they draw their weapons and aim across our border, they now know that this is not a free-killing zone".
"This decision affirms that the right to life is the single most fundamental human right and protecting it is paramount in our society", Hilliard said of Monday's decision.
The shooting brought a torrent of worldwide criticism among human rights, border and immigration organizations, all demanding a full investigation and prosecution.
The case is Hernandez v. Mesa. Hernandez, who was hiding behind a pillar, was shot in the face and killed.
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There, the app lets you choose who sees your location with three settings: "Ghost Mode", "your friends" or " select friends ". From there, you can click the gear button in the top right corner and then toggle "Nearby Friends" off.
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Be proactive - Use the "Flag as Inappropriate" link at the upper right corner of each comment to let us know of abusive posts. Police identified the two arrested suspects as 21-year-old Dejuan Paul, arrested Monday, and 18-year-old Joshua T.
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