Cruz-Escoto

I. BACKGROUND

In 2004, Border Patrol Agent Jason Viau conducted sur- veillance of an area along the Mexico-United States border known as the “Channel.” The Channel, located in California just north of Tijuana, is a cement river bed that runs north from Mexico into the United States, where it eventually emp- ties into the Pacific Ocean. There are no fences where the Channel enters into the United States;1 however, a painted yellow line on the bottom of the Channel marks the interna- tional border. The Border Patrol has a permanent post located at this vulnerable section of the Channel. This permanent post is not a designated port of entry, and consists of a uniformed agent in a marked car who conducts a twenty-four hour sur- veillance of the area, which is illuminated by large lights.2 1 While there are no fences at the point where the Channel enters into the United States, there are two fences located along other areas of the southern bank. The fences run parallel to each other, separated by only twenty to thirty yards. The first fence is made of steel and is approxi- mately eight feet tall. The second fence is a cement fence, known as the “Ballard fence,” nearly fifteen feet…