• megopie@lemmy.blahaj.zone
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    2 months ago

    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.

    • Dragonstaff@leminal.space
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      2 months ago

      No one will ever convince me that the weapon they “found” wasn’t drenched in Central Park pond water.

    • Xatolos@reddthat.com
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      2 months ago

      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.

    • HighFructoseLowStand@lemm.eeBanned from community
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      2 months ago
      1. Miranda rights don’t need to be read until the person in question is under arrest.

      2. 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.

      • CileTheSane@lemmy.ca
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        2 months ago

        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.

        • HighFructoseLowStand@lemm.eeBanned from community
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          2 months ago

          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.”

          • CileTheSane@lemmy.ca
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            2 months ago

            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.

  • mic_check_one_two@lemmy.dbzer0.com
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    2 months ago

    I’ve said from Day 1 that the entire arrest smelled like “accidentally” disabled body cams and planted evidence. The amount of shit they found him with was just too perfect to be real. This dude supposedly evaded a nationwide manhunt for an entire week, then got caught with the (easily disassembled) ghost gun and a hard copy of his manifesto?

    You’re telling me this supposed criminal mastermind had an entire week to break apart and scatter his 3D printed gun, so it would never be traced back to him… And he didn’t? He chose to keep the entire thing in his backpack for cops to find?

    And he had a manifesto in his bag ready to go, just in case he got caught? People who write manifestos do so because they expect to be caught, and want to make a statement. So why is this dude fleeing for an entire week before getting caught with his manifesto?

    • RubberElectrons@lemmy.world
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      2 months ago

      100%, shit smelled so dubious it was like a gleeful insult by the authorities against our intelligence.

      Fuck the insurance CEOs and their ilk, and fuck the police.

  • ButteryNickel@lemmy.wtf
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    2 months ago

    Body cam footage had they potential to save the cops from these kinds of things. But they vilified it so strongly that it won’t save her now.

  • wizardbeard@lemmy.dbzer0.com
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    2 months ago

    It always seemed odd to me that someone who could so calmly pull off the murder of the CEO in the manner it was done and just casually bike off would end up caught the way Luigi was.

    Caught quick because the city has security cameras in every store? Feels plausible. Caught after a long search after deep investigation? Feels plausible.

    Caught after just enough time for the public to start getting rowdy, but not enough to have tracked him down through an investigation? Caught with the supposed weapon on him? Just feels off.

    If he avoided capture for the time that he did, he should have had some opportunities to ditch the gun.

    Motive seems off too. As far as has been released publicly, he was never a customer of the insurance company.

    Whole thing stinks.

    • Ledericas@lemm.ee
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      2 months ago

      caught as soon as he was snitched on by a boomer who told A MCDs employee, which also wierd.

    • BeNotAfraid@lemmy.world
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      2 months ago

      Edward Snowden has already said that facial recognition software is being widely used across America. They knew it was him and then planted the evidence. Government doesn’t want you to know they are constantly recording and tracking your movements. Big Tech sell them your location data.

    • FordBeeblebrox@lemmy.world
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      2 months ago

      How many trash cans are there in NYC? Over the course of a week he could have sprinkled a piece of that gun in each of the five Burroughs miles apart, but he just so happened to have it, still fully assembled, chilling in his bag. Apparently this “terrorist” took the time to write a whole manifesto but stopped planning after “gun goes bang” and just started wandering around and thus was so easy to catch.

      I’ve walked through cow pastures that smelled better.

  • Miles O'Brien@startrek.website
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    2 months ago

    Even without all the extra bullshit surrounding the case, and even back when I was a high school republican douchebag who hadn’t even voluntarily stayed home from church yet and still believed cops have our best interests in mind, I STILL would have said this sounds like complete bullshit and they planted evidence.

  • PresidentCamacho@lemm.ee
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    2 months ago

    It will be a perfect litmus test of how corrupt modern media is when the case gets tossed out and suddenly all of the media will begin reporting “it wasn’t actually him to begin with” stories that were magically not present before…