So, according to the motion filed on the 1st of may, which is what I assume the tweet is referencing, I think there are two things of note.
1st: When cornered at the McDonald’s, the police questioned him about his name and requested his id, then proceeded to ask him a bunch of different questions regarding his identity, the validity of his id, wether he had lied about his name, and any travel to New York. They, at no point at the McDonald’s, ever read him his Miranda rights, even after informing him that he was under investigation and detaining him, even after one officer told the others to read him his rights.
2nd: They moved his backpack to another table before informing him he was under investigation. They did not have a warrant to search his backpack, and given that it was far beyond his reach, and he was handcuffed when they began searching it, there was no reason to suspect anything in it would have been dangerous to the officers on sight. They found a computer chip in the bag while he was still inside, and did not “find” the loaded gun until he was outside and being driven to the precinct. After “finding” the gun, the officer searching the bag stated that they were searching it to make sure there “wasn’t a bomb or anything in here”. The motion I’m referencing suggests that this statement was a hasty attempt to justify the warrantless search post facto.
Defense attorneys claim that some of the body cam footage is missing including 20 seconds of when Mangione was being questioned by a police when an officer placed his hand over his body cam and the 11 minutes during which the backpack was transferred from the McDonalds to the Altoona Police Department Precinct. The motion goes on the state that once that officer’s body cam footage resumes, it shows her immediately re-opening and closing the backpack compartments she already searched and then opening the front compartment of the backpack “as if she was specifically looking for something. Instantly, she ‘found’ a handgun in the front compartment.”
As for the 2nd, the gun was only “found” after the body cam had been off for 11 minutes, and only at the police station.
According to motion filed by the defense on the 1st of may to dismiss multiple items from evidence, including the bag search, the police reported finding the gun during the warrantless search of the bag at the McDonald’s, not just during the second search at the police station.
They, at no point at the McDonald’s, ever read him his Miranda rights, even after informing him that he was under investigation and detaining him
So he wasn’t placed under arrest when they detained him? He wasn’t under arrest at any point while they were at the McDonald’s?
When is the specific point someone is under arrest? My understanding from people asking “am I under arrest or am I free to go” is the suspect is ‘under arrest’ as soon as they are no longer free to go.
And the goal post has been moved. We’ve gone from “he wasn’t technically under arrest” to “arrest and these specific questions are acceptable”. Weren’t you just complaining about a faux-legalistic perspective?
I don’t know what questions he was actually asked but don’t see the point in looking it up for the goal post to move again.
Also of note, you mentioned that they can search his bag without a warrant if it’s on his person when arrested. They searched his bag at McDonald’s. So he was arrested at the time.
So, according to the motion filed on the 1st of may, which is what I assume the tweet is referencing, I think there are two things of note.
1st: When cornered at the McDonald’s, the police questioned him about his name and requested his id, then proceeded to ask him a bunch of different questions regarding his identity, the validity of his id, wether he had lied about his name, and any travel to New York. They, at no point at the McDonald’s, ever read him his Miranda rights, even after informing him that he was under investigation and detaining him, even after one officer told the others to read him his rights.
2nd: They moved his backpack to another table before informing him he was under investigation. They did not have a warrant to search his backpack, and given that it was far beyond his reach, and he was handcuffed when they began searching it, there was no reason to suspect anything in it would have been dangerous to the officers on sight. They found a computer chip in the bag while he was still inside, and did not “find” the loaded gun until he was outside and being driven to the precinct. After “finding” the gun, the officer searching the bag stated that they were searching it to make sure there “wasn’t a bomb or anything in here”. The motion I’m referencing suggests that this statement was a hasty attempt to justify the warrantless search post facto.
I’ve got a Fox News talking point to recycle from the Boston Marathon bombing:
“That’s great! He doesn’t have those rights so we don’t have to worry about due process!”
Which is… not how that works.
As for the 2nd, the gun was only “found” after the body cam had been off for 11 minutes, and only at the police station.
According to motion filed by the defense on the 1st of may to dismiss multiple items from evidence, including the bag search, the police reported finding the gun during the warrantless search of the bag at the McDonald’s, not just during the second search at the police station.
Miranda rights don’t need to be read until the person in question is under arrest.
If it was on his person at the time of his arrest, then they can search it without a warrant.
You don’t have to agree with the prosecution of Mangione but critiquing procedure a faux-legalistic perspective does nobody any good.
So he wasn’t placed under arrest when they detained him? He wasn’t under arrest at any point while they were at the McDonald’s?
When is the specific point someone is under arrest? My understanding from people asking “am I under arrest or am I free to go” is the suspect is ‘under arrest’ as soon as they are no longer free to go.
Identity, where’d he been, his ID, don’t constitute “interrogation” for the purpose of Miranda rights.
That’s more or less true, but he didn’t ask, “Am I under arrest.”
And the goal post has been moved. We’ve gone from “he wasn’t technically under arrest” to “arrest and these specific questions are acceptable”. Weren’t you just complaining about a faux-legalistic perspective?
I don’t know what questions he was actually asked but don’t see the point in looking it up for the goal post to move again.
Also of note, you mentioned that they can search his bag without a warrant if it’s on his person when arrested. They searched his bag at McDonald’s. So he was arrested at the time.
No one will ever convince me that the weapon they “found” wasn’t drenched in Central Park pond water.
Or the trunk of a squad car
Or already in the evidence locker.