Just in: Female cop may be the reason Luigi Mangione goes free…

This is a “hail mary pass” from the defense. The fact that they’re discussing it so freely out of court shows defense attorneys probably leaked it themselves.

CC

Easy to get around

The guy just got done bombing a vehicle. The cops must have been worried that the backpack contained explosives that would be a danger to the police and the public.

Ballistics will tie the pistol found in the backpack to the murder which would put to rest any claim that it was planted.

He also had a fake I.D. on him when arrested that was the same one he used before the murder when renting a hotel room near where the murder took place.

What a stupid article floating a stupid premise.

Not every mistake by a woman (if this was even a mistake) is a result of DIE.

I thought I'd ask my new friend Grok about this even though he isn't a lawyer: "Do police need a search warrant to search a backpack if the person is suspected of premeditated murder and that person is known to be armed and dangerous?"

Grok's reply:

In the United States, whether police need a search warrant to search a backpack when a person is suspected of premeditated murder and known to be armed and dangerous depends on the Fourth Amendment, which protects against unreasonable searches and seizures.

Key Legal Framework

The Fourth Amendment generally requires police to obtain a search warrant based on probable cause to search personal property like a backpack, unless an exception applies. In this scenario, several exceptions could allow a warrantless search due to the suspicion of premeditated murder and the suspect's armed and dangerous status.

Applicable Exceptions to the Warrant Requirement

Exigent Circumstances
- Definition: Police can search without a warrant if there's an immediate threat to public safety, danger to officers, or risk of evidence destruction.
- Application: If the suspect is armed and dangerous, searching the backpack may be necessary to neutralize a threat (e.g., a weapon inside). A backpack could contain a firearm, bomb, or evidence posing immediate danger.
- Example Case: Warden v. Hayden (1967) allowed a warrantless search for weapons during pursuit of an armed suspect, applicable to a backpack in this scenario.
Search Incident to Arrest
- Definition: After a lawful arrest, police can search the suspect and the area within their immediate control ("grabbable area") for safety or evidence preservation.
- Application: If the suspect is arrested for murder, the backpack can be searched if within reach. This applies if the backpack is on or near the suspect.
- Limitations: The search must be at the time of arrest and limited to accessible areas (Chimel v. California, 1969; Arizona v. Gant, 2009).
- Scenario Fit: The suspect's dangerous status likely leads to immediate arrest, allowing a backpack search.
Probable Cause with Exigent Need
- Definition: If police have probable cause that the backpack contains evidence (e.g., murder weapon) and risk of evidence loss, they can search without a warrant.
- Application: Murder suspicion and armed status provide probable cause. If the backpack could hold evidence, police can search to prevent loss.
- Example Case: Kentucky v. King (2011) upheld warrantless entry to prevent evidence destruction, supporting urgent searches.
Terry Frisk (Stop and Frisk)
- Definition: Police with reasonable suspicion that a person is armed can pat down outer clothing for weapons (Terry v. Ohio, 1968).
- Application: The armed and dangerous status allows a frisk, potentially extending to a backpack if believed to contain a weapon. Limited to weapons, not full evidence searches.
- Scenario Fit: The suspect's status supports a frisk, including the backpack if nearby.

Analysis of the Scenario

Premeditated Murder Suspicion: Provides probable cause for arrest, as murder is a serious felony, likely supported by evidence like witness statements.
Armed and Dangerous: Creates exigent circumstances and supports a Terry frisk or search incident to arrest, as the backpack could hold a weapon.
Backpack Context: If the suspect is carrying or near the backpack, it’s searchable under search incident to arrest or exigent circumstances. If abandoned, a warrant may be needed unless urgency persists.
Likely Outcome: Police would likely arrest the suspect immediately, searching the backpack without a warrant under search incident to arrest or exigent circumstances. A Terry frisk could also justify a weapons search.

When a Warrant Might Be Required

No Immediate Threat: If the suspect is detained, not arrested, and the backpack is secured, a warrant may be needed for non-weapon evidence.
Post-Arrest Delay: Searching the backpack long after arrest, outside the suspect’s control, may require a warrant (United States v. Chadwick, 1977).
Privacy Expectation: Backpacks have a high privacy expectation (United States v. Ross, 1982), but urgency in this scenario likely overrides this.

Practical Considerations

Police Discretion: In a high-risk murder case, police prioritize safety, often searching without a warrant and justifying it later.
Court Scrutiny: Evidence from the backpack may be challenged, but courts often uphold searches with probable cause and danger (Brigham City v. Stuart, 2006).
State Variations: Some states (e.g., Montana) have stricter privacy rules, but federal exceptions likely apply for murder.

Conclusion

Police likely do not need a search warrant to search a backpack if the person is suspected of premeditated murder and known to be armed and dangerous. Exceptions like exigent circumstances, search incident to arrest, or Terry frisk allow a warrantless search due to the suspect’s dangerousness and probable cause for murder.

Usually, the police vehicle has cameras on the inside, as well. That would record anything happening in the vehicle on the ride from the McD’s.

I’m glad they didn’t have body cams back in my day.

If he does get off, or found not guilty for any reason at all, there is a big question that remains.

Were it to be found that he was not in fact the shooter, would that make the left hate him?