The Ninth Circuit issued an important decision last week in Rodriguez v. Swartz, allowing a Mexican mother to sue a United States government official over a cross-border shooting. The Court held that the defendant — Border Patrol agent Lonnie Swartz — violated the Fourth Amendment rights of 16-year-old Jose Antonio Elena Rodriguez when Swartz shot and killed Rodriguez. The shooting took place while Rodriguez was in Nogales, Mexico and Swartz was on the US side of the border.
The Cyberlaw Clinic and attorney Mahesha Subbaraman of Subbaraman PLLC submitted an amicus brief in the case on behalf of civil liberties advocacy organization, Restore the Fourth. Although the case did not directly concern cyber- or tech-related issues, the court’s reasoning may have long-term implications with respect to government activities in a wide range of contexts where actions occur on US soil but have extraterritorial effects.