Shot Across the Border: Supreme Court Hears Fourth Amendment Case

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 People walk past a mural painted on a border structure in Tijuana, Mexico, on Wednesday, Jan. 25, 2017. The mural, entitled “SOS, Deported Veterans,” was painted in 2013.

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The U.S. Supreme Court will hear arguments today in Hernández v. Mesa. The case involves the 2010 shooting of a 15-year-old Mexican boy, Sergio Adrian Hernández Guereca, who had been playing in a culvert along the U.S-Mexico borderline when he was shot from the U.S. side and killed on the Mexican side by a U.S. border guard, Jesus Mesa.

Six months after his death, Hernández’s parents sued Mesa in Texas, but Mesa argued that Hernandez was a Mexican citizen and isn't protected by the Constitution.

Does the Constitution extend across the border to protect him? The Supreme Court will decide whether the Fourth Amendment — which prohibits unjustified deadly force — applies to a cross border shooting of this unarmed Mexican citizen who was in an area controlled by the United States.

Margaret Hu, associate professor of law at Washington and Lee University, predicts what the outcome of this case might be, and what the ruling would mean for the future.