However, Carro ruled that a second search of the backpack at a police station was lawful and that items recovered then -- including a gun, silencer, USB drive and red notebook -- would be admissible.
Since the police said they stopped violating his rights partway through an illegal search then the rest of the stuff still counts apparently.
The items they probably put in there during the illegal search.... facepalm
plus the backpack after the fact is suspicious in itself. i wonder if they use surveillance AI/palantir to track him, some people illuded to them doing so.(how else was he found so fast, and that mysterious mcdonalds call.
To date, all we know is Luigi is the person who got arrested, but there's nothing beyond the tampered evidence to suggest that he's the same person who killed the mass-murdering CEO.
Theories to that regard, doesn't even matter! Fruit of the poisoned tree is clear as day in this case.
Next case when they pick up some rando lets bring that point up.
I'm surprised this was allowed at all. The chain of custody on that evidence is incredibly suspect.
they do want to show the rich, they shouldnt be afraid, its more setting an example.
the rich, at this point, are even more concerned than the plebs that illegal search and seizure is impermissible in court.
https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree
This honestly feels like they're deliberately giving ammo to the defense team.
...well, assuming there's any intention to actually adhere to the law, which isn't the safest of assumptions nowadays.
The cops are more of a troop of clowns than the US govt announcements during Iran war. That is overachieving.
The judge should not be trying to salvage a case based on an obvious and undeniable illegal search. That just makes that judge look like from a foreign country. He's really digging deep trying to keep this going.
This sort of shit is why people continue to lose faith in the courts. The legal world chodes can blame politics all they want, but it all comes back to courts screwing over normal people to back up corrupt cops and prosecutors.
The courts err on the side of giving themselves and the government more power at the expense of our rights. They've earned our distrust.
They've completely eviscerated the spirit of the 4th amendment.
The prosecutor is the only group that has not done anything wrong, besides being thrown a shit sandwich. i'm not seeing prosecutor misconduct and would be very open to hearing more about that and supported by the published documents.
The issue is cops clearly making a mess of a very high profile case. Then the warrant rubber stamper and the trial judge both having delusions.
No jury can possibly take this case seriously. NY should throw in the towel. The warrant judge is not a warrant judge. Just another rando.
This gives a clear reason to appeal, but the actual trial is going to be so embarrassing, doubt the legal system can survive such scrutiny.
Really can't determine which country Pennsylvania belongs from the actions of the people they've placed in positions of authority.
The evidence could be illegally planted, so that entire backpack is a fishy business, because the police officers turned their cameras off for some reason.
How did they miss a handgun on the first search? That was the thing they most wanted to find. It just seems impossibly sloppy, or there was no handgun to begin with.
Ding ding ding.
Maybe they all went into the bathroom together all at once? Sometimes a man or group of men just need a handjob. If they want to collectively admit that they messed up evidence collection so they could do a circle jerk, I'll allow it. Otherwise its pretty obviously evidence tampering, which is a crime.
it gets messy in there.
Freaking lmao. I hope Brian Thompson is looking up and realizing how much of a piece of shit he was in life
Hope he's enjoying that lava sauna
even so much, that his wife wanted nothing to do with him, they were estranged by the time of the "alleged shooting", plus she must be elated since she wont have a messy divorce battle.
Alleged killer
Accused works too. Just because they're accusing him don't mean he did it.
that's what it says
Either Reuters they changed the title, or this was editorialized? Some was tossed, but not all.
Current Title: Judge denies accused CEO killer Mangione's bid to toss gun, notebook evidence
Carro suppressed some evidence found in Mangione's backpack during his arrest in Pennsylvania, ruling police unlawfully searched the bag without a warrant. That evidence included a loaded handgun magazine, cell phone and computer chip.
The judge nevertheless approved a second search of the backpack at a police station, and said items recovered there are admissible. Those items included a gun that prosecutors say matches the murder weapon and the notebook with writings about wanting to "wack" an insurance executive.
The judge nevertheless approved a second search of the backpack at a police station, and said items recovered there are admissible.
God imagine how much time it must save judges when the police do an illegal search first every time and only ask for a warrant after they know without a doubt it will get evidence.
Couldn't possibly be because they put it there during the first search that they didn't have a warrant for, and while their bodycams were conveniently turned off.
They changed the title. I always copy and paste the exact title instead of letting it auto fill
They really should update the story to indicate the title was changed when they do that, super lame of them.
It really is great when the incompetence of law enforcement is beneficial to the community.
Huge fucking win. I was assuming the worst that they'd allow the illegal search as evidence.
Not that huge. Only some of it is disallowed. The gun and journal are still allowed.
Still bullshit, they shouldn't allow anything found in the bag because they arrested him based on that illegal search, but this is still a big win. It omits large amounts of evidence.
Especially since that whole "fruit of the poisoned tree" thing should mean everything that led from the illegal search should be thrown out.
Haha, if only that were regularly applied.
Any reasonable jury will disagree. Not even actors would agree to be the jury that would rule in the gov'ts favor.
Clear case of subsequent searches based on the fruit of the poisoned tree. The only evidence is that backpack.
The forum is clearly NY law would apply, but the judge is trying hard to ignore the initial clearly illegal search. And give the officers every chance to continue doing whatever they'd like to do as long as it seems structured/organized.
The three or eight officers. Both situations, a reasonable person, would assume they are not free to leave. Those three officers would love to see you try!
These officers also broke down a detained suspect by never stop talking at him. And we asking investigative questions and not having a casual unrelated conversation. The rando dude at a McDonalds was being tossed around by the equivalent of a rape gang. There was clear intimidation to elicit continuous conversation after the rando dude said he'd like to remain silent and was not given any chance to do so.
But the biggest question i have is what is the purpose of the Pennsylvania judge approving the search warrant after it's clear as day an illegal search has occurred and the warrant is based on that evidence and only that evidence?!
The political activists pretending to be judges cannot save this case. Any reasonable jury would toss it based on the initial illegal search. At what point were they ever going to be serious about obtaining a search warrant? Really not convinced that is really any concern that Pennsylvania cares about.
The chain of custody is also all over the place. Any jury, in this era, will be hyper aware of chain of custody issues after all the voting machine issues during the last presidential election.
This case is doomed. All they had to do is kick everyone out of that McDonalds, including themselves, and leave the backpack untouched in the McDonalds but in their line of sight. And get that warrant. Especially if they want to be taken seriously that their excuse. There is always an excuse. But their actions and their excuse proves they are a gang, not a law enforcement agency.
Even with body cameras they still manage to mess this situation up .... badly.
Impressive.
Quoth the raven, "404".
Man, its so upsetting that Luigi fucked up so bad. He had such a good setup, he could have got away clean if he hadn't made some really dumb mistakes. It's puzzling that he had so much of his plan on point but made such obvious errors.
Well "Luigi" actually is getting away with it.
And this would have been a flawless crime were it not for one major mistake: trying to pin this murder on our boy Mangione. So it's not over yet. Justice may yet prevail.
I have no idea what you're trying to say.
Mangione is innocent! Such a shame these thugs are trying to put this horrible murder on this man.
Yeah, he and I were playing Mario Kart when that CEO got shot.
Oh heck, what a coincidence, he was carrying me through some Elden Ring bosses then
What's your take on the whole situation? Your comment makes me curious
Luigi is innocent. He has done no wrong.
A community to post anything related to Luigi Mangione.
Please respect Lemmy.world ToS. Don't plot who should be murdered next in this community.