A new filing from Luigi Mangione’s lawyers claims that the police violated his constitutional rights by using snacks to obtain his DNA following his arrest at a McDonald’s in Altoona, Pennsylvania. His lawyers argue that the snacks were used to gather his DNA as evidence, violating his Constitutional right to protection from unreasonable search and seizure. The court filings state that all DNA samples and profiles obtained were done so in violation of the protections afforded to Mangione by the United States and Pennsylvania Constitutions.
Mangione is currently being held in New York on various charges including murder, interstate stalking, discharging a firearm with a silencer, and other offenses. His legal team is arguing that their client was not given his Constitutional protections by the Pennsylvania police and are requesting that some of the charges in Pennsylvania be dropped due to the alleged illegal collection of evidence by the police. This may have implications for his trial in New York as well, as illegally obtained evidence cannot be used in court.
Following his arrest in Pennsylvania, Mangione’s legal team claims that several factors in the arrest were unconstitutional. They argue that his Fourth Amendment rights from unlawful search and seizure were violated multiple times by the Altoona Police Department. They also claim that his Fourteenth Amendment rights to due process were breached when he was arrested without reasonable suspicion and his backpack was searched without a warrant. The case hinges on the claim that his DNA was obtained illegally by providing him with food and soda at the police department station.
Philadelphia-based criminal defense attorney Matthew Mangino stated that there was allegedly no probable cause for Mangione’s arrest and detention at the time. Mangione himself expressed gratitude for the overwhelming support he received from people all over the country and the globe. His legal team has requested that the evidence collected be deemed inadmissible in court, which could affect his trial and potential conviction. If found guilty of murder in New York, Mangione faces the death penalty, but the circumstances surrounding the gathering of evidence may impact the jury’s decision on reasonable doubt.
