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

submitted 1 week ago by [email protected] to c/[email protected]

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“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.

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[–] [email protected] 1 points 1 week ago (1 children)

They knew he got off a bus from New York and that his backpack was full of cash? By the fact that he was sitting in a mcdonalds?

And he didn't match the outfit, just similar. You think the cops from around the us were justified in searching anyone white in a hoodie because someone in New York did something?

[–] [email protected] -1 points 1 week ago (1 children)

Whoever called the tip in probably knew he was between buses, yes. The exact contents of his backpack would be unknown so long as he didn't retrieve any cash from it during his stop.

[–] [email protected] 0 points 4 days ago* (last edited 4 days ago) (1 children)

Probably? Based on what? McDonalds around you often note which bus you get off of, do they?

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

It was a mall adjacent a major bus route, Luigi was on foot after getting off the bus alongside a bunch of other people doing the same.

[–] [email protected] 0 points 4 days ago (1 children)

Are you guessing at this, or are you claiming that is what was actually reported?

My understanding is that it was an employee at the restaurant that reported him. 'Mall adjacent to a bus stop' seems a little less 'first hand account that he was on a bus from New York' and more circumstancial like 'he came in at the same time as some others, had a different color hoodie and different color backpack than the description, but very broadly matched "white guy with hoodie"'.

Basically exactly what should get an improper arrest thrown out if you detain someone without cause, fail to Mirandize, search them and then find something incriminating.

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

None of this was reported, even your understanding was never confirmed and all blame about who called it in was pure speculation.

[–] [email protected] 0 points 3 days ago (1 children)

Yet you suggest there was enough to know how bad contained cash and he was on a bus from New York

[–] [email protected] 1 points 3 days ago (1 children)

Yes, I suggest there was probable cause, welcome to the start of the conversation.

[–] [email protected] 0 points 3 days ago

But you said there was probably cause, and then brought up a bunch of stuff there's no reason to assume the cops 'knew' before arresting him.