this post was submitted on 24 Mar 2025

894 points (99.1% liked)

News

27975 readers

4853 users here now

Welcome to the News community!

Rules:

1. Be civil

Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.

2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.

Obvious right or left wing sources will be removed at the mods discretion. Supporting links can be added in comments or posted seperately but not to the post body.

3. No bots, spam or self-promotion.

Only approved bots, which follow the guidelines for bots set by the instance, are allowed.

4. Post titles should be the same as the article used as source.

Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.

5. Only recent news is allowed.

Posts must be news from the most recent 30 days.

6. All posts must be news articles.

No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.

7. No duplicate posts.

If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.

8. Misinformation is prohibited.

Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.

9. No link shorteners.

The auto mod will contact you if a link shortener is detected, please delete your post if they are right.

10. Don't copy entire article in your post body

For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago

MODERATORS

[email protected]

894

Luigi Mangione lawyer says arrest flaws invalidate evidence – but will it work? (www.theguardian.com)

submitted 4 days ago by [email protected] to c/[email protected]

108 comments fedilink hide all child comments

“Even if this motion is successful, it doesn’t mean that Luigi Mangione walks out of prison,” said Ron Kuby, a criminal defense attorney whose practice focuses on civil rights. “All it means is that the items that were seized from him, or seized that belong to him, can’t be used as evidence against him.”

Kuby thinks that Mangione’s team has made enough claims in their papers to merit a hearing on the issues, in which the police officer involved would have to testify, confirming or denying the facts. “It does appear that they stopped and frisked Mangione without a legal basis to do it. If that’s true, everything that follows from there is likely to be found to be unconstitutional,” he said.

(page 2) 50 comments

sorted by: hot top controversial new old

[–] [email protected] 15 points 4 days ago* (last edited 4 days ago)

Merit a hearing = 0 chance, but it shows the public and DA that this is going to be a fight, and to appeals.

It concerns me that we haven't had more of this, he should be running a ferociously aggressive defense, the only reasons he wouldn't are:

Very confident that he can't be convicted as a matter of law. I suspect convicting him by jury would be hard, but definitely possible. The federal charges are more concerning, the US As have more influence over juries often.
They know this is bad and are waiting to knock out a few key pieces of evidence in a long-shot hail-Mary because it's their only chance, and otherwise they want room to make a deal.

I hope it's not the latter.

Personally I suspect they're confident in a hung jury on the state charges but know they're going down hard on the federal ones, and are trying to spin it as federal overreach, which won't work but it's an argument.

10 years from.now if the pendulum swings back he can appeal and get out that way.

[–] [email protected] 14 points 4 days ago (1 children)

Unfortunately for him, matching the guy they're looking for usually counts as reasonable suspicion for a search. I doubt the judge will agree with the defense here.

Also, remember that they've been tight-lipped about how they got the tip in the first place. They never said it was an employee. It could have been a nearby law enforcement officer, or it could have been some surveillance system.

[–] [email protected] 20 points 4 days ago* (last edited 4 days ago)

You should read the motion. The motion to suppress isn’t based mistaken identity or identity. The Motion is based around how officers detained/seized the Defendant and items unlawfully. Officers did not give the Defendant the ability to leave (seizure) which means their actions rise to an “investigative detention.” This is a violation of the 4th Amendment and the 14th amendment.

The Officers detained the Defendant to Interrogate him and because he was not free to leave, the should have Mirandized him at that point. The Officers failed to Mirandize the Defendant during a custodial interrogation which is a violation of the 5th Amendment.

While I don’t think it was in the PA Defense filing: at one of the hearings there was questions about the chain of custody of the backpack. This could also lead to suppression of evidence (as I believe the gun wasn’t found until after the police took the bag to the station—but I can’t find the source that mentioned this fact now so I’m not sure if this specific facts is accurate anymore).

[–] [email protected] 6 points 4 days ago

https://www.luigimangioneinfo.com/

load more comments