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One year after the killing of UnitedHealthcare CEO Brian Thompson, the court is now weighing whether police violated alleged gunman Luigi Mangione’s Miranda rights.

  • fodor@lemmy.zip
    18·
    12 hours ago

    Thanks for explaining. The article alone didn’t make it sound like the defense had a leg to stand on, but your wording shows that maybe they can get something here…

    If he wasn’t detained, why was he blocked in, and why would he have given ID to the pigs? I think we would want to see body camera footage on this, and so would the judge, and depending on the details it’s quite possible that the fake ID charge and evidence could all be suppressed. Judges tend to be overly kind to the pigs, but not always.

    And it doesn’t even matter if the pigs said or didn’t say “You’re detained.” If they asked him for ID but a reasonable person in his view would not have felt like they were free to leave, that was a detention, and the legal questions would need to be addressed.

    • mkwt@lemmy.world
      13·
      11 hours ago

      and why would he have given ID to the pigs?

      I don’t know what the law is in Pennsylvania, but some states have a law that you must present ID on request if you have it. Nearly all jurisdictions require you to correctly state your name and address to police on request.

      And the police here used a ruse that this was all just a McDonald’s loitering complaint. The cop admitted on the stand that the loitering thing was a lie. But that’s okay. Remember: the cops are allowed to lie to you, but you are not allowed to lie to the cops.

      Remember also: stating the false name orally is a separate crime from the forged instrument.

      So bottom line, the failure to Mirandize could suppress the statements where he confessed to the fake ID and to the fake name. But it’s not going to toss those charges. And it doesn’t suppress the action of handing over the ID, because that’s not a statement.

      So there’s a pretty strong case for the ID charge even without the statements.