Searching Mangione with suspicion makes it constitutional.

 I'm with Jim Giza who is a former marine and a 23-year police veteran with the Baltimore Police Department. He was one of the first officers to qualify as a both a member of his Agency’s SWAT unit and Hostage Negotiation Team. He later served as Program Coordinator for the Johns Hopkins University Police Executive Leadership Program, where he planned and coordinated a unique educational program for the United States Secret Service.

I hope that the stop-and-frisk of Luigi Magione, which apparently is what it was, meets the U.S. Supreme Court’s criteria of reasonable suspicion and articulable justification for confronting an American citizen, searching same for possible weapons, and arresting that individual for illegally carrying a firearm (“Luigi Mangione faces tough legal challenges, says Baltimore lawyer with ties to family,” Dec. 11). In Magione’s case, he was charged not only with illegal carrying but also possession of an illegal gun — what is known as a “ghost gun.”

I also hope the police report documenting the stop-and-frisk is based on more than a tip or that it “looks like him.” It will be up to a judge to entertain a possible argument by a defense lawyer that Magione’s arrest was illegal by not meeting the stop-and-frisk criteria promulgated in Terry v. Ohio. If not, any so-called evidence seized or charges filed will be null and void.

Whether a challenge to the arrest will be made, time will tell. The extradition question may not be even be the offing. It goes without saying (but I will say it anyway) that it is tough being a cop in a free society and high-profile cases like this one can prove it.

As I said in a previous post, police officers are given latitude to search a suspect for weapons, which they found in this case.

The only reason the defence wants to try and challenge this is that Mangione was caught with the murder weapon, a substantial amount of cash, and his "manifesto", which is basically a confession. Not that there isn't other evidence tying Mangione to the crime scene, but this significantly hinders the case,

Luigi Mangione "the biggest staged perp walk"?

I kinda had to wonder if his lawyer ever heard about a guy called Jack Ruby when she made that comment. I mean she's supposedly a really well qualified criminal defence lawyer.

Anyway,  I wake up to this headline:

EXCLUSIVE:  Diddy and Luigi Mangione are TARGETS after brutal stabbing at Brooklyn prison as insiders claim gangs plan to 'make an example of them'

Seriously, any criminal defence lawyer worth their money SHOULD know that a high profile client like Mangione will be a target: despite the adulation he's getting from the masses. I was wondering how long it would take before this became an issue.

The prison consultant went on to say that from his experience, high-profile inmates are advised to be "careful about who they are associating with" because anyone in MDC will have an "agenda". He added that Diddy's and Luigi's teams would warn them to keep to themselves and avoid problems, such as minding their business and not taking any bait if called out.

"Some will admire them [Diddy and Luigi], but you will just need one person to make an example out of them." Justin stated.

Well, I hope she's gotten her hands on all that money the little scumbag has raised, then she can laugh all the way to the bank if the law of Karma rules here.

Hey, what kind of trial did Brian Thompson get when Mangione popped him?

The REAL ISSUES in the Luigi Mangione Case as I see it.

 OK, despite the amount of people who want to deny the mountain of evidence that this kid did it, the media is pretending he has a chance of being found not guilty. But I'm going to agree with another lawyer who said he's seen juries do crazy things.

Anyway...

He was caught with more than enough evidence that links him to the crime, which is why his lawyers keep harping on his arrest and search being unconstitutional.  He had the murder weapon, the ID used in NYC, and his manifesto, which is pretty much a confession. I'm not going to go into the law of confessions, but it would be nice if all these talking heads would start mentioning that.

Mistrials and Jury nullification. OK, a mistrial doesn't result in an acquittal--it does result in a new trial. Also, as long as there is one juror who is willing to find the defendant guilty, there will be a hung jury. So, 11 jurors can ignore the law and evidence, while one wants to convict. And a hung jury results in a new trial.

Of course, the judge and prosecution should be weeding out the people who would engage in jury nullification. While not toally illegal, it is contrary to the judicial process where the juror is supposed to apply the law according to the facts. Here is a sample jury instruction that addresses that matter:

6.1 Duties of Jury to Find Facts and Follow Law 

            Members of the jury, now that you have heard all the evidence, it is my duty to instruct you on the law that applies to this case.  A copy of these instructions will be available in the jury room for you to consult.

            It is your duty to weigh and to evaluate all the evidence received in the case and, in that process, to decide the facts.  It is also your duty to apply the law as I give it to you to the facts as you find them, whether you agree with the law or not. {my emphasis} You must decide the case solely on the evidence and the law.  You will recall that you took an oath promising to do so at the beginning of the case.  You should also not be influenced by any person’s race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances.  Also, do not allow yourself to be influenced by personal likes or dislikes, sympathy, prejudice, fear, public opinion, or biases[.] [, including unconscious biases.  Unconscious biases are stereotypes, attitudes, or preferences that people may consciously reject but may be expressed without conscious awareness, control, or intention.] 

            You must follow all these instructions and not single out some and ignore others; they are all important.  Please do not read into these instructions or into anything I may have said or done as any suggestion as to what verdict you should return—that is a matter entirely up to you.

The federal case is a good point for getting a conviction since the feds win most of the cases they take to trial. I call US Federal practise "Let's make a deal", because unless you can come up with something that interests the Feds, they will hammer your ass.

And in this case, it's the death penalty.

I don't have a lot of time for this kid or his supporters, which should be pretty apparent by now.

Luigi Mangione--I'm going to say it again

 OK, if all the people who are denying the mountain of evidence against this spoiled, rich kid who probably has a personality disorder would shut the fuck up and work toward something positive, like health care reform, it would make sense.

But they aren't.

Instead they are supporting a murderer for some fucked up reason.

Supporting this scumbag is getting fuck all done for health care reform.

Got it????

Innocent until proven guilty?

 OK, I get it. According to the US Constitution there is a presumption of innocence until proven guilty, or at least a judge makes a conviction if the defendent pleads guilty.

BUT

In this case, we have video evidence tracking him that day. He's ID'd and caught with the murder weapon and the ID he used to check into that NYC hostel. I think there's some DNA evidence linking him to the crime in there as well.

And his manifesto is basically a confession, which pretty much takes it out of any exception out there.

It's pretty hard to deny the kid is guilty. And he's not really a very sympathetic defendant.

Hell, even his mother said she could she him doing it!

Unless you have a thing for rich, spoiled brats who might have a personality disorder and wish that he isn't guilty despite the rather overwhelming evidence to the contrary.

So, I'm guessing that his supporters are upset that their insurance is denying the procedure to get their heads surgically removed from their asses.

Oh, and for people talking about Luigi's search being illegal--there's something called "search incident to arrest".

Which is something I'm suprised all those "experts" out there aren't mentioning, but US legal education is crap.

Anyway,

Search Incident to Arrest.—The common-law rule permitting searches of the person of an arrestee as an incident to the arrest has occasioned little controversy in the Court.²⁴⁰ The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest.²⁴¹ The dispute has centered around the scope of the search. Because it was the stated general rule that the scope of a warrantless search must be strictly tied to and justified by the circumstances that rendered its justification permissible, and because it was the rule that the justification of a search of the arrestee was to prevent destruction of evidence and to prevent access to a weapon,²

Let's see, the cops are interrogating a suspected murderer who might be armed...

Of course, the defence wants this evidence suppressed. I mean he's caught red handed with the murder weapon and a confession.

As I said, the people who support him need their heads surgically removed from their anuses.

What really explains Luigi Mangione fandom

I don't get how a rich, spoiled brat like Mangione can get sympathy for what he did, which is to plan out the killing of a person. He shoots his victim in the back and then runs because deep in his heart Mangione knows he committed a crime. Yet, there are people who support him. They way people found Ted Bundy attractive. Anyway, Reason pretty much sums up how I feel about all this:

Mangione committed a heinous crime: murder. And like an odious person is entitled to a legal defence, the victim is a victim of a crime whether we approve of their morality or not.

A smart kid like Mangione could have worked toward health care reform in a more constructive manner. I don't have sympathy for Mangione. And you need to examine your values if you do.