A defense attorney for Luigi Mangione, the man charged with killing the CEO of UnitedHealthcare, insists a police search and arrest late last year were illegal.

Summary

The Pennsylvania attorney representing Luigi Mangione, charged with murdering UnitedHealthcare CEO Brian Thompson in New York City, contends Mangione’s arrest in Altoona was unconstitutional.

Officers supposedly approached him without cause and failed to read his Miranda rights at a McDonald’s after a five-day manhunt.

Mangione has pleaded not guilty to murder and related state and federal charges, including potential death penalty eligibility.

Mangione’s New York lawyer likewise cites constitutional violations during arrest, raising the possibility that key evidence could be suppressed.

  • halcyoncmdr@lemmy.worldEnglish
    10510·
    1 month ago

    If his arrest and search were unlawful, then all evidence obtained from it is inadmissible in court. If they did not read him his Miranda rights, that could be enough by itself to basically throw everything out.

    I think that’s what happened, and that’s why the NYPD and other officials have been doing the rounds on the media talking about shit before even providing evidence to the defense team as required. They know the evidence won’t be usable in court and they’re trying to taint the jury pool with that info ahead of time before they have to admit that they fucked up so badly they couldn’t even do the most basic part of their job required for EVERY arrest, by anyone, anywhere in the country.

    • IsThisAnAI@lemmy.world
      151·
      1 month ago

      My guy, never ever represent yourself in court or give legal advice. Most of what you’ve said is completely incorrect.

    • meco03211@lemmy.world
      8·
      1 month ago

      Slight correction. If that arrest and search were the only means to get that evidence, then it is thrown out. If there were other legal means they could have gotten that evidence, it becomes admissible again. Cops can illegally arrest and search you. Then if they are able to show at a later point a legal route that would have caused a legal arrest and search. It’s fine.

  • givesomefucks@lemmy.worldEnglish
    402·
    1 month ago

    The cops aren’t going to be able to explain how they found him and the “mystery tipster” who called the worker Luigi had a bounty isn’t going to hold up.

    They had a reason to suspect him, but that reason wasn’t obtained thru legal means, so they have to invent a plausible second reason and call it a parallel investigation if they want to keep any evidence gained since he was apprehended.

    • FauxLiving@lemmy.world
      111·
      1 month ago

      They had a reason to suspect him, but that reason wasn’t obtained thru legal means, so they have to invent a plausible second reason and call it a parallel investigation if they want to keep any evidence gained since he was apprehended.

      I think it is exactly this.

      The ‘Anonymous tip’ thing is also used when they have absolutely no other way to get illegally obtained (think, Snowden) evidence to the police.

      The story from the police is that a person saw the pictures on the news showing his chin and nose and somehow managed to recognize him and also decided to call the police. Alternatively, they have better video footage of his face and have access to McDonalds (and probably most corporation’s) video feeds to run live facial recognition then they called in a hit as ‘an anonymous tip’.

      We already know that law enforcement/intelligence can compel companies to share live access to their stored data. Snowden’s leaks showed that they could access, for counter-terrorism purposes, any gmail account through a web interface. There’s no reason to think that video camera footage (which is an absolute goldmine for intelligence purposes) would be excluded from these sweeping domestic spying powers.

      • atzanteol@sh.itjust.worksEnglish
        2·
        1 month ago

        Alternatively, they have better video footage of his face and have access to McDonalds (and probably most corporation’s) video feeds to run live facial recognition then they called in a hit as ‘an anonymous tip’.

        You think the cops are running live facial recognition from live CCTV feeds from private companies?

  • capital_sniff@lemmy.world
    38·
    1 month ago

    I’m not a lawyer but if I was on the defense team I’d have Luigi bulking up the entire time up until the trial. Then when it is time to try on the jacket it won’t fit and the jury will have an easy acquittal.

  • NewDay@lemmy.world
    6·
    1 month ago

    Oh look the US breaks its own laws to arrest and to control their people. It feels like the US is not a democracy if they break their own law to suppress their people.