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Old 07-01-2014, 08:40   #1
itsnitro
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Court: Teen in Mexico shot by US agent had rights

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Court: Teen in Mexico shot by US agent had rights
A federal appeals court ruled Monday that a Mexican teenager killed by a Border Patrol agent was protected by the U.S. Constitution, even though he was on Mexican soil

http://www.policeone.com/border-patr...nt-had-rights/
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Old 07-01-2014, 08:58   #2
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a foreign national on foreign soil does not have U.S. rights.
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Old 07-01-2014, 09:01   #3
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He probably had a right to *not* throw rocks at the agent who shot his ass, too.
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Old 07-01-2014, 09:10   #4
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If he was protected by US law then why can't he also carry a firearm since it's a right under US law. so we "pick and choose" what US citizen rights a foreign citizen, in his own country, on his own country's soil, has, how absurd.

Why doesn't a US citizen on foreign soil have that foreign country citizen's rights. Because no foreign country observes this, that's why.
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Old 07-01-2014, 09:21   #5
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And the slow spiral downward continues.
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Old 07-01-2014, 09:31   #6
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ironically, a U.S. citizen (who is also considered U.S. military property because of his enlistment status) on the same soil does not have U.S. rights.
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Old 07-01-2014, 09:39   #7
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To mch PC these days.... don't want to get shot, don't throw rocks at the border patrol... to F'ing bad for him.

But you give an inch, they'll be looking for a mile now.
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Old 07-01-2014, 09:42   #8
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Old 07-01-2014, 10:25   #9
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And the slow spiral downward continues.
It's really not that slow anymore.
Hang on, the flush is coming.
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Old 07-01-2014, 10:57   #10
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It's really not that slow anymore.
Hang on, the flush is coming.

Yep, and real soon as ObaMao is getting ready to let rip with a huge Executive Order on immigration. Hide & watch.
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Old 07-01-2014, 12:13   #11
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This is going to be major. If left to stand, all actions like the Achille Lauro capture could be dragged into the mix. More recently, should the Merek Alabama been handled by FBI HRT instead of SEALs?

I'd be very surprised if the government didn't appeal.
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Old 07-01-2014, 14:50   #12
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Seems preposterous.

No US rights should apply to non citizens on foreign soil. Is there any precedent for something like this?

If that's true, everyone everywhere has US citizens rights ...

Any rights defined in international law? I'm sure those are being ignored in plenty of countries.

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Old 07-01-2014, 23:36   #13
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Quote:
Q: So, what do you call an attorney with an IQ of 65?

A: Your Honor]
Stop throwing rocks and they'll stop shooting you. I'm all broken up about the mexican foot-guide/alien smuggler that was killed after throwing rocks at a federal agent.
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Old 07-01-2014, 23:44   #14
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The only right he has to me is what happened to him.

Where does this logic end?
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Old 07-02-2014, 08:32   #15
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It "would establish a perverse rule that would treat differently two individuals subject to the same conduct merely because one managed to cross into our territory," the appeals court ruling said. It also said that giving people standing on Mexican soil protection from "conscience shocking" actions by border agents, such as the shooting of Hernandez Guereca, is not a new policy. Immigrants who are inside the U.S., even those who are to be removed from the country, "are entitled to feel free of gross physical abuse by federal agents," it says.

Extending that right to people injured across the border by U.S. agents standing on U.S. soil, would inform the officials that they are not allowed to arbitrarily inflict harm in this "new, but similar, context," the court said.
The judges need to do ride alongs with BP, have a few 'conscious shocking rocks' thrown at their heads. Maybe their appreciation for agents' responses might be enhanced.

But back to the extension of the Constitutional protections across borders to non-citizens on foreign soil, Sam Spade is right. This unlocks a door that we do not want opened.
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Old 07-02-2014, 10:14   #16
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Hopefully the Supremes will overturn this.
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Old 07-02-2014, 14:49   #17
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If non US citizen now has US Constitutional rights on foreign soil:

1. Does that mean if Miranda isn't read by the foreign police to the foreign citizen, on foreign soil his/her confession is thrown out?

2. Social Security Numbers for everyone?

3. Foreign citizens must pay income tax back to US?

4. Anyone else wonder what kind of bath salts the judge uses?
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Old 07-02-2014, 15:42   #18
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The judges need to do ride alongs with BP, have a few 'conscious shocking rocks' thrown at their heads. Maybe their appreciation for agents' responses might be enhanced...

No need to as they make their decisions purely based on political affiliation, e.g., SCOTUS.
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Old 07-02-2014, 17:07   #19
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I have your rights,
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I DO NOT condone illegal immigration, I've said it time and time again.
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Old 07-02-2014, 17:15   #20
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I have your rights,
All your rights are belong to us!

And yeah, this is epically dumb...
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