Friday, December 21, 2007

Megahed Calls Arrest Racial, Asks Judge To Drop Case

You may recall the case of the two South Florida students arrested after pipe bombs were found in their car. In the most recent turn of events, Megahed's attorney has asked the court to throw out all of the evidence found during the traffic stop.

One of two University of South Florida students accused of transporting explosives has asked the courts to throw out the evidence against him because the search was racially motivated and illegal...

In Berkeley County, S.C., Megahed and Mohamed were pulled over for speeding, Smith wrote. While sheriff's deputy Lamar Blakely radioed a dispatcher to look up Mohamed's driver's license and registration information, he had a conversation with his partner, the court document states.

On videotape, Blakely tells his partner that Mohamed and Megahed are "graduates of suicide bomber school" and members of the "Taliban." He also jokes that they have a copy of the Quran with them. At one point, the court document states, Blakely becomes concerned that the remarks are being taped.

Well, there's nothing left to do but read the actual motion to dismiss.

Shockingly, on the video, [the] Deputy... expresses concern over the fact that his ethically [sic] - inappropriate remarks were being recorded by his in-vehicle video recorder.

Memo to Megahed: spelling-challenged attorneys are not a good sign.

[The Deputy] quickly asked Mr. Mohammed, “You don’t mind if I search the vehicle do you?” After Mr. Mohammed acquiesced to Deputy Blakely’s show of authority, Deputy Blakely ordered Mr. Megahed out of the vehicle and proceeded to search its contents. While searching the interior of the vehicle, Deputy Blakely found a box of ammunition.

He "quickly asked"? Well, in that case, we'll have to throw the entire case out. He asked too "quickly."

Deputy Blakely Lacked Probable Cause to Stop the Vehicle...

Other than speeding? And then, as the Deputy approached the vehicle, the pair reportedly slammed a laptop computer shut and hid it under a seat? The same laptop that contained a veritable cornucopia of jihadist tutorials? Interestingly, the motion to dismiss fails to mention the laptop computer.

Deputy Blakely’s questioning of Mr. Megahed concerning his travel plans was unrelated to why Deputy Blakely stopped the vehicle for speeding... this Court should find that such questions were illegal and Mr. Megahed’s response should be suppressed.

Good luck!

Next time, Messrs. Megahed and Mohamed, may I suggest that you hire an attorney who can spell? And that you refrain from transporting devices that look like pipe bombs?

Tampa Bay Online: Megahed Calls Arrest Racial, Asks Judge To Drop Case

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