Borderline.

This is coolbert: From the comments of JS Bolton:

[this is in response to my blog about the proposed fence to be built along the U.S. border with Mexico.]

"I would like to see landmines in a broad belt behind another fence."

"With landmines there is no human discretionary factor to blame, the policy stands in its ideal abstractness"

Well, landmines, or even the use of a dog run or persistent but non-lethal chemical agent might well constitute the use of LETHAL FORCE. Even an illegal alien crossing the border AT THE PRESENT TIME is protected under legal restrictions regarding the use of lethal force by governmental authorities.

Under the present laws of the land, lethal force can ONLY be used when a person is in imminent danger of grave bodily harm or death. It could easily be reasoned that even an illegal alien, even WHEN CROSSING THE BORDER is NOT posing an imminent threat to anyone. To use land mines, a dog run, or persistent chemical agent would NOT be allowed UNDER PRESENT LAW!!

[an attack dog within a dog run could easily kill even a grown adult. Persistent chemical agent could also kill an infant, an old or sick person, or someone with asthma.]

Right now, even in the most egregious of instances, when illegal aliens cross the border in a manner to cause a max of mayhem, governmental authorities are very hesitant to use lethal force.

I am specifically thinking here of the incident some years ago now where a truck load full of illegal aliens [twenty of them] crashed through a border check point. A pursuit ensued on an interstate highway. Looked like something out of Road Warrior. A chase began that lasted for several hours. Ended with the truck being forced off the road and only a few of the illegals being apprehended. During this chase, the truck driver was reported to have rammed other vehicles in an attempt to cause a crash, while the other illegals flung debris into the path of the police pursuers!! This of itself constituted wanton and reckless conduct on the part of the truck driver and other illegals. Could have caused someone's death even hours later [a car with a load of occupants hits debris thrown onto the road, crashes, and someone is killed!!].

[one of the women in the truck, when captured, was ordered to lie down, and did not do so as she could not understand English. A cop then grabbed her long hair and flung her to the ground. This was caught on camera. Some persons made an issue of this. NOT that this woman was part and parcel of a group that just behaved in the most reprehensible manner. That was NOT a concern. That she was grabbed by the hair by an enraged cop was the issue!!]

EVEN IN SUCH CIRCUMSTANCES, THE POLICE DID NOT FIRE ON THE TRUCK. THEY WOULD HAVE BEEN TOTALLY WITHIN LEGAL BOUNDS TO HAVE DONE SO!! BUT DID NOT. POLICY AND REGULATIONS PREVENTED THEM FROM DOING SO!!

At least at this point, forget land mines, dog run, persistent chemical agent. The will and the legality is lacking.

coolbert.