this post was submitted on 06 May 2025
2031 points (99.2% liked)

Luigi Mangione

2371 readers
60 users here now

A community to post anything related to Luigi Mangione.

This is not a pro-murder community. Please respect Lemmy.world ToS.

founded 7 months ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] HelixDab2@lemm.ee 110 points 3 months ago* (last edited 3 months ago) (17 children)

Let's say that Mangione committed the crime.

My understanding is that he gave cops a fake ID when they questioned him on reasonable suspicion (the basis of which was a tip from an employee). That is something that yes, he can be arrested for. And he can be personally searched after that arrest. But at that point, he can no longer get a gun out of his bag, and cops have control of it, so he can't destroy evidence/get a weapon from it; so searching the bag should be out at that time. So, my understanding, based on case law, is that they would have needed a warrant to search it at that time, as the contents of the bag aren't related to the reason he's been arrested. You aren't supposed to be able to use a pretextural arrest to search a person's car or belongings (e.g., arrest you for suspicion of drunk driving, then search your car to find evidence of burglaries).

In theory, without the warrant, the search and everything from the search should be out. Even if he committed the crime, and kept all the evidence conveniently in his backpack, it should be completely excluded from the case. I'm sure that the DA is going to argue that there's some exception that allows a warrantless search, but I can't say what that argument will be. If the evidence is allowed in, his defense attorney is going to have to object every single time that prosecutors refer to it, for any reason, in order to preserve the option to claim that evidence was improperly admitted in an appeal. (Which they should absolutely do, if it goes that far!)

Federal rules of evidence is pretty complicated stuff. But goddamn, does it look like someone fucked up bad on a really high profile case.

[–] some_guy@lemmy.sdf.org 3 points 3 months ago (4 children)

Not a lawyer, but I know that when a cop arrests someone in a car and the car is impounded, they catalog items. This is an unofficial search to make sure they aren't liable for missing items. I would expect the same of a backpack. But perhaps that falls under the same disqualification of use as evidence you're suggesting.

[–] bss03 12 points 3 months ago (1 children)

That's called an "inventory search", and this motion says what happened isn't an "inventory search" because they didn't follow procedure (and cites supporting precedence).

If they would have just hauled him in for processing on the false identification, and then found the gun during an inventory search at the station, it would be better for the prosecution.

The motion also claims that the search couldn't be a... safety search? (I don't know the right term)... like checking a person for weapons, because before the search was initiated, the suspect was already handcuffed and separated from the backpack so didn't have access to anything in it that could be hazardous to the officers. Prosecution might argue is was a safety search because they were looking for a hazard that didn't need to be triggered by the suspect, like a timed device or just an incidental hazard.

IANAL, just an interested citizen.

[–] HelixDab2@lemm.ee 4 points 3 months ago

The motion also claims that the search couldn’t be a… safety search?

You're thinking of a Terry stop.

Prosecution might argue is was a safety search [...]

That would be the exigent circumstances exception, but you need more than just an assertion for that; you need a rational basis for claiming exigent circumstances.

load more comments (2 replies)
load more comments (14 replies)