Achman Case Study

Improved Essays
I, Supreme Court Justice, Floyd McLeod, find in favor of Mohammed Achman. This case has proved to me that Mr. Achman 's rights as an U.S. citizen were violated multiple times. To go more in depth; on September 27, 2001, approximately two weeks after the terrorist attack of the World Trade Center, America, especially New York ,were on edge in finding any little details to get to the bottom of the attack and any future attacks. Unfortunately, the Achman 's felt the wrath and discrimination from American civilians. It all started with people breaking one of his windows to his store and destroying his mosque in queens. First of all, people were lashing out because it was ran by Muslims and people correlate Muslim 's as terrorist. More importantly, …show more content…
He had this lead because the FBI informed him that he previously attended a airline flight school in Daytona Beach, Florida in which the school was an associate of several suspected Arab terrorists. Judge Kristin Kaykos, put on the search warrant that they were allowed to check Mohammed 's store and home in hopes of finding his brother to arrest him and charge himwith conspiracy. When they searched the store, police officers did not find his brother so they proceeded to Mohammed 's household. During the search, the police officers were looking high and low. They even looked through drawers. When they couldn’t find anything, the looked in the kitchen drawer and found a 22-Caliber pistol with ammunition. Puzzled, the officers questioned him, put the pistol in a evidence bag and proceeded to arrest Mohammed. They arrested him because it was an illegal hand gun. My question is, why did the police officers arrest him for something that wasn 't included in the search warrant? It wasn 't in Plainview. If it was in Plainview, then it would be admissible in court as evidence but it wasn 't. This reminds me of Horton V. …show more content…
During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. The 4th amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio. Mapp V. Ohio was about how a lady named, Dollree Mapp was convicted for having obscene materials after a admittedly illegal police search of her home for a fugitive. She argued that it was constitutional and the first amendment gave her the right to possess that. Freedom of expression shouldn’t be have a price to pay. Mapp did win her case and with her case came the exclusionary

Related Documents

  • Improved Essays

    Wilson Vs Arkansas

    • 1024 Words
    • 5 Pages

    Issue- Whether it was reasonable under the 4th amendment for the officers to enter a home without a warrant. Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)…

    • 1024 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The Fourth Amendment created a major impact in today’s society not many citizens; teenager and adult are aware of their Fourth Amendment rights.…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Essay On Fifth Amendment

    • 1549 Words
    • 7 Pages

    The fourth amendment is a very important right that we obtain because this gives us the people protection from the authorities taking it upon themselves to go into or homes or properties to gather information at any given time. An example of an illegal search and seizure would be in the case of “Florida v. Jardines”. (Florida) In 2006 Detective William Pedraja whom was working with the Miami-Dade Police Department had received a tip that Joelis Jardines was growing marijuana in his home. A month or so later the Detective and the DEA went to Jardines home and set up a watch of the home for only 15 minutes…

    • 1549 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Fourth Amendment The Fourth Amendment is meant to protect the citizen from unreasonable seizures and searches without a warrant. This includes having their homes, persons, and items in their homes searched by police as well as other officials. Following the Amendment, if a police officer suspects that a citizen has is perpetrating or is taking part in a crime, the office has first to obtain a warrant legally.…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Since there was reasonable suspicion based on the taillight outage, tinted windows, and the smell of marijunana, the officer has grounds for search and…

    • 1098 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    Probable cause is when an officer has reasonable facts that a crime has occurred or is about to occur, it can’t just be a suspicion. To arrest someone without a warrant the officer must have probable cause before he even approaches the suspect. The police cannot just have a suspicion and arrest or search you, even if they later find out that there suspicion was right like finding something illegal. This means probable cause is not outcome determinative. If this was to be done it’s a violation of the first amendment meaning it was an illegal search and arrest and all evidence and any confessions from the witness cannot be used.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Kentucky Court Case

    • 670 Words
    • 3 Pages

    Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police create the exigency by threatening or violating the 4th Amendment. Precedent Cases: Payton v. New York (1980)- Theodore Payton’s house was forcibly entered by New York City Police because they suspected him of a murder. Evidence was then found in the house that linked Payton to the crime. The police entered his home without a…

    • 670 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " It prohibits…

    • 601 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    In the video, Dee McWilliams talked about the Fourth Amendment. He helped people understand more about the rights that they have in “searches and seizures”. He discussed about the Florida vs. Jardines case, in the case the law enforcement officer was use the drug detection dogs to sniff on the front porch of Mr. Jardines’s house, where later found marijuana was grown and Jardines was arrest. He was charged and convicted with possession and distribution of marijuana. He appealed the case to Supreme Court and the question was raise in the Court was “Is using the sniffing dog at the person home outside of perimeter of it.…

    • 143 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I'm confused, but in this case, I consider that the police seemed to violate the Fourth Amendment, which enforces to guard the citizen's privacy rights and restricts the police against unreasonable searches and seizures. As a result, the drugs seized at Jim's house should not be used as evidence to convict him. It is the duty of the police department to update their databases often to avoid such situations. In addition, they must ensure all searches and arrests are legal.…

    • 80 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Probable cause must be in place to issue a warrant to search a person’s place. If the Fourth Amendment is violated as in the case “Mapp v Ohio any evidence obtained in violation of the Fourth amendment can not be used in a state law criminal case.” (Streetlaworg,2015) Police have to be careful when obtaining evidence and doing searches. Failure to maintain a persons Fourth Amendment Rights can result in evidence to be removed from a case. First, a police officer can stop and question someone on the mere bases of…

    • 706 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Lord Gideon Case Summary

    • 860 Words
    • 4 Pages

    This case began in 1961 when a man named Clarence Earl Gideon was arrested. Clarence Earl Gideon was arrest for breaking into a Panama City in Florida. He entered a pool room and planned to steal money from the hall’s vending machines. He was charged in Florida State with a felony because he ended stealing from the vending machines. He did have a criminal back ground and was before in and out of prison but it wasn’t anything big he every committed.…

    • 860 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Habeas Corpus Act In 1679

    • 267 Words
    • 2 Pages

    The Patriot Act was passed in record time as a response to the attack but was clearly seen as an anti-muslim act. This was proven as most complaints at airports and security checks…

    • 267 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays