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The Supreme Court hears arguments on Tuesday in a dispute over a Mexican familys ability to sue a U.S. Border Patrol officer who killed their son in a cross-border incident. Both governments filed briefs in the case, on opposite sides of the dispute.

Sergio Adrian Hernandez Guereca, 15, died in 2010 as he stood on Mexican soil by a border officer who fired his gun while on United States soil in Texas. The agent claimed Hernandez and others were throwing rocks at him as he was attempting to detain an illegal immigration suspect; the family says Hernandez was playing a game with his friends at the border location between El Paso and Juarez.

Hernandezs family sued the agent for damages, but in 2015 the Fifth Circuit Appeals Court said the family had no standing to sue because the teen was a Mexican citizen and not protected by the Fifth Amendment under its Due Process clause or by the Fourth Amendment. The full appeals court had unanimously ruled in favor of the agent.

The Supreme Court took the appeal in October 2016 and it also added a question about determining if the parents had a constitutional right to sue a Border Patrol officer.

The controversy will likely get its share of new attention because of the political situation involving the new Trump administration in Washington and its stance on immigration and Mexico.

However, the federal government brief in this case was filed by the Obama administration and it supports Jesus Mesa, Jr., the border agent. Among the arguments made by the Justice Department was that courts werent the proper location to settle a dispute that could involve foreign policy considerations, and that allowing such lawsuits would allow U.S. military and intelligence agencies to be sued for injuries incurred abroad.

The government of Mexicos brief argues that Mexico has a responsibility to maintain control over its territory and to look after the well-being of its nationals. It is a priority for Mexico to see that the United States has provided adequate means to hold the agents accountable and to compensate the victims.

In 2015, Constitution Daily Supreme Court correspondent Lyle Denniston explained to our readers the core constitutional issue in this case.

Overseas, or offshore, application of the rights spelled out in the Constitution was dealt a major setback in 1990, when the Supreme Court ruled that a Mexican national who was being held prisoner inside the United States had no Fourth Amendment right to challenge a search of his home in Mexico by a joint investigative team from the two countries, Denniston said, referring to a case called United States v. Verdugo-Urquidez.

Even a quarter-century later, however, just what that decision actually means about extraterritorial reach for the Constitution remains a matter of considerable debate. The main opinion said that constitutional rights do not apply outside the country to an individual who had no voluntary links to the United States. But Justice Anthony M. Kennedy supplied a necessary fifth vote to make a majority in that case, and his separate opinion suggested that he thought that the specific context of each case might actually make the difference in the analysis.

Then, Justice Kennedy wrote a major opinion for the Court in Boumediene v. Bush in 2008 extending the constitutional right of habeas corpus to the foreign nationals that the U.S. was then holding (and scores of whom it still holds) at the military prison at Guantanamo Bay.

That opinion, if understood to apply beyond the specific factual situation of the detainees at Guantanamo, would appear to stand for the proposition that the extraterritorial application of the Constitutions guarantee of rights depends upon objective factors and practical concerns (as Kennedy put it in the opinion), rather than the nearly categorical approach of the Verdugo-Urquidez decision in 1990, Denniston explained.

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US-Mexico border shooting case at Supreme Court today - Yahoo News

Jose Antonio Elena Rodriguez, 16, was shot 10 times in the back and head the night of Oct. 10, 2012, by one or more agents firing through the border fence into Nogales, Sonora. Agents said they were assaulted by rock throwers. The Republic

A Texas case going before the U.S. Supreme Court on Feb. 21, 2017, could determine whether the family of a teenager killed in Nogales, Mexico, will be able to sue the Border Patrol agent who fired the fatal shot through the border fence. Here, two of many bullet holes are circled on the emergency medical office building in Nogales, Sonora, where Jose Antonio Elena Rodriguez, 16, died after being shot by a. Border Patrol agent on the other side of the fence.(Photo: Charlie Leight/The Republic)

A Texas case going beforethe U.S. Supreme Court on Tuesdaycould determinewhether the family of a teenager killed in Nogales, Mexico, will be able to sue the Border Patrol agent who fired the fatal shot through the border fence.

The high court will hear oral arguments in Hernandez vs.Mesa, a case involving the 2010 killing of Sergio Adrian Hernandez Guereca, 15, in Juarez, Mexico. A Border Patrol agent firing from the U.S. side of the border killedthe teen as he peered out from behind a train trestle on the Mexican side.

A definitive rulingby the Supreme Court would determine whether people standing inMexico and killed by U.S. Border Patrol agents have a constitutional right to sue for damagesin the U.S.

The circumstances of the Texas case are similar to a 2012 shooting in Nogales, Mexico, where Jose Antonio Elena Rodriguez, 16, was shot 10 times in the back and head by Border Patrol Agent Lonnie Swartz. Swartzfired through the slats in the border fence from Nogales, Arizona. Swartz saidrocks were being thrown, prompting him to fire numerous times,reload his gun and fire again.

After the shooting, Swartz began to vomit and said, "I shot and there's someone dead in Mexico," according to court filings. Witnesses said no rocks were thrown.Theformerassistant commissionerof Customs and Border Protection'sOffice of Internal Affairs said the same in a deposition, also noting that it wasimplausible for rocks thrown from Mexico to hit someone on the U.S. side of the fence becausethe Mexican side is about 25 feet lower in the area where the shooting took place.

Swartz has been charged with second degree murder in federal court.

Elena Rodriguez's family also filed a civil suit against Swartz in U.S. District Court in Tucson. In July2015, U.S. District Court Judge Raner Collins ruledElena Rodriguezwas entitled to protections of the Fourth Amendment "even as a non-citizen standing on foreign soil."The Fourth Amendment of the U.S. Constitution prohibits unreasonable search and seizure.

An appeal of that decisionwas heard in October by a three-judge panel of the 9thU.S. Circuit Court of Appeals.

Appellate Judge Milan Smithsaid that because of the similar legal issuesin the Nogales and Juarez cases, the 9th Circuit ordinarily would have waited for the Supreme Court to rule in the Juarez case. However, Smith saidit was necessary for the 9th Circuit to move ahead with oral arguments in the Nogales case in casethe Supreme Court'sdecision in the Texas caseresults ina 4-4 tie.

The Supreme Court has had just eight justicessince the death last yearof Justice Antonin Scalia.

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The cases "involve almost identical legal issues," said attorney Sean Chapman, who represents Swartz in both the criminal and civil cases." That's what is interesting about it. ... It's incredibility similar to the Rodriguez case in Arizona. I'm waiting to see what theydo."

If the Supreme Court deadlocks,the 5th U.S.Circuit Court of Appealsruling that Guereca's family cannotsue the Border Patrol agent in the U.S. would stand in the 5th Circuit.Then the 9th Circuit could rule on the Elena Rodriguez case, Chapmansaid.

"I think the 9th Circuit is waiting to see what happens on Hernandez," he added.

If the Supreme Court were to deadlockand the 9th Circuit rulesthat Elena Rodriguez's family does have the right to sue, then the issue likely would head back to the Supreme Court because two appellatecourts would have divergent rulings, Chapman said.

However, if the Supreme Court does not deadlock and rules definitively for or against, it "presumably is going to set the law for these cross-border shootings for at least several generations," said Steve Shadowen, an attorney for the Guereca family, whosecase is before the Supreme Court.

The parents of Sergio Adrian Guereca, a Mexican teenager killed in Juarez in 2010 by a Border Patrol agent shooting across the U.S.-Mexico border, speak out about their son's death in a 2014 interview. Nick Oza/azcentral.com

There have been at least six such cross-border shooting cases since 2010, including the cases in Juarez and Nogales.

Once the Supreme Court rules, "it takes a long time, if ever, for the law to change," Shadowen said.

Both the 5th and 9th Circuit courtshave argued over whether the case should be brought under the Fourth or Fifth amendments to the Constitution.

In the Texas case,a 5th Circuit panel ruled the family had a right to sue the agent under the Fifth Amendment but not under the Fourth Amendment. That ruling was later reversed.

The 9th Circuit judges asked questions alongsimilar lines as the5th Circuit panel. They said theFourth Amendment refers to the right of the people, which is interpretedas rights of U.S. citizens. Butthe Fifth Amendment refers more broadly to any person,making it easier toapply to a non-citizen standing in Mexico.

Shadowen said he feels confident in the Juarez case that will be argued Tuesday before the Supreme Court.

"From the beginning we knew we were in the right legally and morally and we still feel that way," Shadowen said.

Border fence in Nogales, Arizona.(Photo: Nick Oza/azcentral)

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Supreme Court: Can Mexican citizens sue Border Patrol agents in cross-border killings? - AZCentral.com

A few months ago I wrote about how you can encrypt your entire life in less than an hour. Well, all the security in the world cant save you if someone has physical possession of your phone or laptop, and can intimidate you into giving up your password.

And a few weeks ago, thats precisely what happened to a US citizen returning home from abroad.

On January 30th, Sidd Bikkannavar, a US-born scientist at NASAs Jet Propulsion Laboratory flew back to Houston, Texas from Santiago, Chile.

On his way through through the airport, Customs and Border Patrol agents pulled him aside. They searched him, then detained him in a room with a bunch of other people sleeping in cots. They eventually returned and said theyd release him if he told them the password to unlock his phone.

Bikkannavar explained that the phone belonged to NASA and had sensitive information on it, but his pleas fell on deaf ears. He eventually yielded and unlocked his phone. The agents left with his phone. Half an hour later, they returned, handed him his phone, and released him.

Were going to discuss the legality of all of this, and what likely happened during that 30 minutes where Bikkannavars phone was unlocked and outside of his possession.

But before we do, take a moment to think about all the apps you have on your phone. Email? Facebook? Dropbox? Your browser? Signal? The history of everything youve ever doneeverything youve ever searched, and everything youve ever said to anyoneis right there in those apps.

We should treat personal electronic data with the same care and respect as weapons-grade plutoniumit is dangerous, long-lasting and once it has leaked theres no getting it back.Cory Doctorow

How many potentially incriminating things do you have lying around your home? If youre like most people, the answer is probably zero. And yet police would need to go before a judge and establish probable cause before they could get a warrant to search your home.

What were seeing now is that anyone can be grabbed on their way through customs and forced to hand over the full contents of their digital life.

Companies like Elcomsoft make forensic software that can suck down all your photos, contactseven passwords for your email and social media accountsin a matter of minutes. Their customers include the police forces of various countries, militaries, and private security forces. They can use these tools to permanently archive everything there is to know about you. All they need is your unlocked phone.

If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.Cardinal Richelieu in 1641

Whats the worst thing that could happen if the Customs and Border Patrol succeed in getting ahold of your unlocked phone? Well

The fourth amendment protects you against unreasonable search and seizure. The fifth amendment protects you against self-incrimination.

If a police officer were to stop you on the street of America and ask you to unlock your phone and give it to them, these amendments would give you strong legal ground for refusing to do so.

But unfortunately, the US border isnt technically the US, and you dont have either of these rights at the border.

Its totally legal for a US Customs and Border Patrol officer to ask you to unlock your phone and hand it over to them. And they can detain you indefinitely if you dont. Even if youre a American citizen.

The border is technically outside of US jurisdiction, in a sort of legal no-mans-land. You have very few rights there. Barring the use of excessive force, agents can do whatever they want to you.

So my advice is to just do whatever they tell you, to and get through customs and on into the US as quickly as you can.

Its only a matter of time before downloading the contents of peoples phones becomes a standard procedure for entering every country. This already happens in Canada. And you can bet that countries like China and Russia arent far behind.

Never say anything in an electronic message that you wouldnt want appearing, and attributed to you, in tomorrow mornings front-page headline in the New York Times.Colonel David Russell, former head of DARPAs Information Processing Techniques Office

Since its illegal in most countries to profile individual travelers, customs officers will soon require everyone to do this.

The companies who make the software that downloads data from your phones are about to get a huge infusion of money from governments. Their software will get much fastermaybe requiring only a few seconds to download all of your most pertinent data from your phone.

If we do nothing to resist, pretty soon everyone will have to unlock their phone and hand it over to a customs agent while theyre getting their passport swiped.

Over time, this unparalleled intrusion into your personal privacy may come to feel as routine as taking off your shoes and putting them on a conveyer belt.

And with this single new procedure, all the hard work that Apple and Google have invested in encrypting the data on your phoneand fighting for your privacy in courtwill be a completely moot point.

Governments will have succeeded in utterly circumventing decades of innovation in security and privacy protection. All by demanding you hand them the skeleton key to your lifeyour unlocked phone.

When you travel internationally, you should leave your mobile phone and laptop at home. You can rent phones at most international airports that include data plans.

If you have family overseas, you can buy a second phone and laptop and leave them there at their home.

If youre an employer, you can create a policy that your employees are not to bring devices with them during international travel. You can then issue them loaner laptops and phones once they enter the country.

Since most of our private data is stored in the cloudand not on individual devicesyou could also reset your phone to its factory settings before boarding an international flight. This process will also delete the keys necessary to unencrypt any residual data on your phone (iOS and Android fully encrypt your data).

This way, you could bring your physical phone with you, then reinstall apps and re-authenticate with them once youve arrived. If youre asked to hand over your unlocked phone at the border, there wont be any personal data on it. All your data will be safe behind the world-class security that Facebook, Google, Apple, Signal, and all these other companies use.

Is all this inconvenient? Absolutely. But its the only sane course of action when you consider the gravity of your data falling into the wrong hands.

If you bother locking your doors at night, you should bother securing your phones data during international travel.

This may upset Customs and Border Patrol agents, who are probably smart enough to realize that 85% of Americans now have smart phones, and probably 100% of the Americans who travel internationally have smart phones. They may choose to detain you anyway, and force you to give them passwords to various accounts manually. But theres no easy way for them to know which services you use and which services you dont use, or whether you have multiple accounts.

We live in an era of mass surveillance, where governments around the world are passing terrifying new anti-privacy laws every year.

Those who are willing to surrender their freedom for security have always demanded that if they give up their full freedom it should also be taken from those not prepared to do so.Friedrich Hayek

With a lot of hard work on our part, enlightenment will triumph. Privacy will be restored. And we will beat back the current climate of fear thats confusing people into unnecessarily giving up their rights.

In the meantime, follow the Boy Scouts of America Motto: always be prepared. The next time you plan to cross a border, leave your phone at home.

This post originally appeared on Medium. Follow Quincy on Twitter @ossia. Learn how to write for Quartz Ideas. We welcome your comments at ideas@qz.com.

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I'll never bring my phone on an international flight againneither should you - Quartz

Black History encapsulates more than a month. This new daily series will take a look at some lesser known events and people in the world.

The story of Shirley Chisholm.

As the Civil Rights movement dispersed around the nation, Georgia had its fair share of history. Take the Heart of Atlanta Motel Incorporateds case against the United States. The Supreme Court had recently passed the Civil Rights Act of 1964 which says racial discrimination in public places was unconstitutional.

But the motel refused to rent rooms to black customers.

Moreton Rolleston, the owner, took the case to court citing the Fifth Amendment (he said it went against his right to choose patrons for his business), the Thirteenth Amendment (involuntary servitude), and he added that Congress was going over their control over the interstate commerce (now known as the Commerce Clause).

Congress immediately came back with their own case. They referenced his Fifth Amendment right saying that it does not hinder regulation of interstate commerce. It countered the Thirteenth Amendment with the explanation that it was specifically for slavery and the negative effects of it. And, finally, Congress said its power under the Commerce Clause related to proper sleeping circumstances for blacks traveling on the interstate.

The United States District Court for the Northern District of Georgia took Congresss side in December 1964. The court won; Congress could use power granted to it by the Constitutions Commerce Clause to force privately owned businesses to follow the Civil Rights Act of 1964. The nation successfully fought against discrimination.

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The rest is here:
The Supreme Court fights for the weary black interstate traveler ... - 11alive.com

TAMPA With a criminal investigation hanging over him, former Public Transportation Commission chief Kyle Cockream repeatedly pleaded the Fifth Amendment during a deposition Monday into whether public records were deleted from agency cell phones.

A judge ordered Cockream to appear at the deposition as part of a public records lawsuit filed against the agency that regulates for-hire transportation in Hillsborough County. He turned up, but on advice from his attorney Michael Carey, refused to answer questions from Andrea Mogensen, a Sarasota lawyer who sued the PTC to obtain copies of text messages that Cockream sent to owners of taxicab and limousine-rental firms.

"He pled the Fifth to basically every question that I asked," Mogensen said. "Obviously that's very disappointing. Our objective is to recover the public records."

The Fifth Amendment privilege allows a witness to decline to answer questions if the answers might incriminate him. The Florida Department of Law Enforcement has opened a criminal investigation into whether PTC officials deliberately deleted public records, a misdemeanor under state law.

A forensic investigator hired to extract text messages for the public records lawsuit found that seven agency phones and Cockream's personal cell phone were reset on Oct. 8, a process that wipes them clean. A PTC invoice shows that the agency on Oct. 12 paid $2,994 to Valrico tech firm Data Specialist Group for work they did on the phones that was detailed as "Mobile device data recovery."

Cockream, who stepped down as executive director in December, could not be reached for comment. In a recent hearing, his attorney said Cockream was not trying to hide records but hired the tech firm to back up the data on the phones.

The mising data may shed light on a controversial period during which the PTC was accused of colluding with the cab industry against the rideshare companies Uber and Lyft.

Contact Christopher O'Donnell at codonnell@tampabay.com or (813) 226-3446. Follow @codonnell_Times.

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Former PTC chief Cockream pleads the Fifth Amendment over missing public records - TBO.com