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Sabina Vargas
EQ: Should Hernandez's parents be able to sue border patrol officer Mesa?
1.Learned about:
Strengths:
Weaknesses:
2.Research on two precedents
3. Turning claims into thesis
Thinking Critically:
Based on past Court decisions, Sergio Hernandez’s parents have the right to sue the U.S border patrol officer Mesa because their son was not a deadly threat and therefore his Fourth Amendment rights were violated.
The question here, is whether the 4th Amendment ban on reasonable seizures and the unjustified use of deadly force stops at the U.S border or extends to border areas patrolled by U.S agents.
The Court has unfortunately not come to a decision for several reasons. Sergio was killed on Mexican soil and Sergio's parents are not American citizens.
Precedent: a past decision; they are brought up in similar court cases for guidance
The U.S Supreme Court came to a decision where as, “under the Fourth Amendment, when a law officer is pursuing a fleeing suspect [they] may not use deadly force to prevent escape unless ... suspect poses a significant threat of death” (Tennessee v. Garner)