'Luigi Mangione's defense team says evidence was obtained illegally -- they might have a point'
"Last week, accused killer Luigi Mangione and his defense team appeared in New York court to fight for the suppression of key physical evidence in the case against him – all of it obtained without a warrant. During multiday hearings, officers from the Altoona Police Department testified about their encounter with Mangione at a Pennsylvania McDonald’s five days after the fatal shooting of UnitedHealthcare CEO Brian Thompson on a Manhattan sidewalk."
"At Mangione’s upcoming trial, prosecutors seek to present evidence of a 9mm handgun and journal recovered by these officers from Mangione’s backpack. If the trial judge deems this evidence admissible, the State will almost certainly argue that the handgun matches the casings found at the location where Thompson was killed, and that Mangione’s personal writings decrying the health insurance industry constitute motive."
"The potential downfall of this plan? Altoona officers flagrantly cut corners with their search of Mangione’s backpack, unzipping his private property and rifling around inside of it without probable cause to do so."
"Under the Fourth Amendment of the Constitution, all people in the United States are entitled to be free from unlawful searches and seizures. The Supreme Court has long held that evidence resulting from an unlawful search and seizure is considered 'fruit of the poisonous tree' and must be barred from use by the prosecution at trial. Although obtaining a warrant from a judge is the 'gold standard' for constitutionally valid searches, there are some lawful exceptions to the warrant requirement."
Continued at link:
https://www.ms.now/opinion/luigi-mangione-murder-trial-evidence-altoona-police