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Fourth Amendment violation

By: Derek Hawkins//July 5, 2017//

Fourth Amendment violation

By: Derek Hawkins//July 5, 2017//

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United States Supreme Court

Case Name: JESUS C. HERNANDEZ, ET AL., PETITIONERS v. JESUS MESA, JR., ET AL.

Case No.: 15-118

Focus: Fourth Amendment violation

The Court of Appeals, affirming the District Court, held (among other things) that Hernández had no Fourth Amendment rights because he was not a citizen of the United States, he was “on Mexican soil at the time he was shot,” and he “had no ‘significant voluntary connection’ to the United States.

Hernandez v. United States, 785 F. 3d 117, 119 (2015) (per curiam) (quoting United States v. Verdugo-Urquidez, 494 U. S. 259, 271 (1990)). I would reverse the Court of Appeals’ Fourth Amendment holding. And, in my view, that reversal would ordinarily bring with it the right to bring an action for damages under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). See Wood v. Moss, 572 U. S. ___, ___ (2014) (slip op., at 11) (Bivens actions lie for Fourth Amendment violations); Tennessee v. Garner, 471 U. S. 1, 11 (1985) (officer’s appli­cation of lethal force when there is no immediate threat to self or others violates the Fourth Amendment).

Vacated and remanded

Dissenting: Breyer, Ginsburg

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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