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re: Luis Mangione Trial Updates

Posted on 5/18/26 at 3:31 pm to
Posted by TheChosenOne
Member since Dec 2005
18874 posts
Posted on 5/18/26 at 3:31 pm to
The State trial is a joke anyway. They rushed to schedule it before the Federal trial and it's amateur hour. The Federal judge already ruled to allow this same evidence.
This post was edited on 5/18/26 at 3:32 pm
Posted by CatfishJohn
Member since Jun 2020
20279 posts
Posted on 5/18/26 at 3:52 pm to
quote:

Without a warrant, and without him being able to reach into the bag for a weapon, what legal right did LEO have to search the bag at that point?

They should have just gotten a warrant.

LEO think Terry means they can lie and create any situation involving any random threat and violate out 4A rights.


The guy was the prime suspect of someone who just shot a man on the street in cold blood and presumably had a weapon on him. Isn't there some sort of legal avenue for searching him and his belongings he was carrying with him for a weapon? Or if the bag wasn't on him and he couldn't reach it, then they don't have the right to search?

Posted by Indefatigable
Member since Jan 2019
37325 posts
Posted on 5/18/26 at 3:56 pm to
quote:

Or if the bag wasn't on him and he couldn't reach it, then they don't have the right to search?

They should have gotten a warrant for the bag if he wasn’t holding it/wearing it.

Even then, once he was in custody it’s so easy to get a warrant to search it. Just do that, every time, and this type of ruling never happens. Absent exigent circumstances, taking the extra few minutes for a warrant >>> mealy mouthed testimony on incident to arrest search
This post was edited on 5/18/26 at 3:56 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476737 posts
Posted on 5/18/26 at 4:00 pm to
quote:

The guy was the prime suspect of someone who just shot a man on the street in cold blood and presumably had a weapon on him. Isn't there some sort of legal avenue for searching him and his belongings he was carrying with him for a weapon?


That's the problem with moving the bag away. On his person? Yes, that's the point of Terry.

But how could he access a firearm if his bag was in their custody fee away from his grasp? There was no way he could have used a weapon in that bag, at that time.

LEO will always articulate some grand master plan of danger to try to justify these searches that shouldn't be protected under Terry and it bit them in the arse this time.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20149 posts
Posted on 5/18/26 at 4:03 pm to
Was the search pre or post arrest? If they just started going through his bag pre arrest and without consent, that’s crappy police work. If it’s post arrest, it’s search incident to arrest and should be allowed.

Allowing the later inventory search is weird too. Are they saying the disallowed search didn’t spot the gun and silencer? How do you not see that when looking in a backpack?

For those decrying the ruling, I am as pro law and order as they come but there has to be consequences for violating the Constitution and exclusion of evidence is that consequence. If the search was bad, the officers should face discipline. Salesman fricks up a sale at work, his boss gets in his arse. Should be the same for police. Do your job. Do it right.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476737 posts
Posted on 5/18/26 at 4:08 pm to
I believe LEO argued it was a Terry stop, but I haven't read the actual motions. What I read earlier was that LEO articulated they thought the bag had a bomb in it, so that's the danger articulation I would imagine.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30496 posts
Posted on 5/18/26 at 4:13 pm to
quote:

That ruling seems insane. The rule of law has ceased to exist in NY.


You are mad because the Constitution still exists in NY???

Posted by fr33manator
Baton Rouge
Member since Oct 2010
134643 posts
Posted on 5/18/26 at 4:15 pm to
quote:

I don't want to bring back hanging judges



We used to hang judges?
Posted by bdavids09
Member since Jun 2017
1511 posts
Posted on 5/18/26 at 5:08 pm to
I can’t stand liberal white women. Couldn’t imagine being married to someone as evil as they are.
Posted by 6R12
Louisiana
Member since Feb 2005
11975 posts
Posted on 5/18/26 at 5:19 pm to
Sense isn't so common now days. You know, common sense.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
80891 posts
Posted on 5/18/26 at 6:26 pm to
quote:

The Federal judge already ruled to allow this same evidence.


And rightfully so.

If he left the bag somewhere the defense can make that argument and say the real killer threw him under the bus. Then the jury decides if they believe it.
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