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.
not the level of education that Luigi received.
Just because someone has a college degree doesn't mean that they can write for shit.
If I was the kind of person that would commit a high-profile assassination, that is not something I'd want to bet my life and freedom on.
Not a lawyer, but I know that when a cop arrests someone in a car and the car is impounded, they catalog items.
Under Illinois v. Lafayette, 462 U.S. 640 (1983), it would be fine to inventory a bag when you're being booked. But they hadn't gotten that far, and I'm not aware of any evidence that they would have actually booked him without the contents of the bag.
disposable weapon
Printed guns aren't "disposable"; they're untraceable. A printed firearm can function for tens of thousands of rounds, and is not necessarily any less accurate than any other polymer firearm.
If he never expected to even make it out of NYC, carrying that stuff kinda makes sense. But I def. would have dumped everything in the Hudson river.
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.
Even better: you have a specific legal right to resist police attempting to illegally enter your home. :D IIRC, the law was passed after the Indiana Supreme Court ruled that under then state law you had no right to resist even blatantly illegal actions by police.
It was the 2003 version with Takeshi Takano rather than Katsu Shintaro playing the lead role. Without the weird song and dance number it would have been a very solid entry (despite the digital blood).
I have NEVER watched a Hindi movie. The closest I got was the most recent Zatoichi film, which had a weird-ass song-and-dance number at the end that was totally unrelated to the entire film. But scrolling through Netflix, it still keeps suggesting Hindi films for me, "because you liked...!"
I do watch some K-horror (Train to Busan, The Wailing, Thirst, etc.), Japanese chambara (the above mentioned Zatoichi, Lone Wolf and Cub, Hanzo the Razor--which is solidly pinku-eiga--and others), and sometimes Chinese historical pieces. I've watched a few Malay and Indonesian horror films as well. Some of the Asian television series are pretty great; I was really enjoying Gyeongseong Creature and Kingdom. I've tried watching Japanese TV, and the stuff I've seen has just been bad. I don't think I've come across any Chinese TV shows that have interested me.
Keep it up, Canada! If you guys can crash the economy in Florida, and kill the GOP's stranglehold there, that would be fantastic!
Man, I have such mixed feelings on this.
On one hand, it would mean that Netflix would stop trying to push shitty Bollywood films on me (seriously, if I could prevent all Hindi films from showing up on my Netflix forever, I would absolutely do that). On the other hand it would mean that the really darkly melancholic Euro films would also be off the menu.
Hmmmm.
So what does it mean if I enjoy practicing hojojutsu on my consensually non-consenting partner...?