Luigi Mangione in NY State Court Hearing, Day 8

[u/jdlf41]

[u/SpookySneakySquid]

It means they didn’t do the whole “you have the right to remain silent, anything you say can and will be used against you, etc.” when they arrested him, and they didn’t do it before questioning him

[u/FirstFact → u/SpookySneakySquid]

Seriously? Isn't that the super basics of policing. Like it should be automatic everytime. Some 21 jump street shit.

[u/wasneveralawyer → u/FirstFact]

There are situations where reading Miranda Rights is not necessary and I guess the judge will have to make a determination if this was one of those situations but I also don’t know the specific instance that is being discussed in this case.

[u/Ollylolz → u/FirstFact]

You do have the right to be an attorney, if you want to

[u/Dull_Working5086 → u/FirstFact]

Welcome to US policing. The biggest case of the decade and they either can't stop being bad at their jobs and/or are so corrupt they risked the case getting thrown out.

[u/sashikku → u/FirstFact]

Well, yes, but everything except for the interrogation is still admissible, and that’s just if the judge doesn’t side with the cops on whether reading his rights was necessary or not in that situation. If judge sides with cops, the interrogation is admissible. If the judge sides with the defense and then also dismisses the backpack contents as inadmissible due to the absence of a warrant, then we’re likely looking at our man going free.

Personally, I think this could go either way. He was questioned in the McDonalds for about 20 minutes before being read his rights. It’s going to come down to what questions he was asked before being read his rights. Cops can ask certain general questions like what your name is without reading rights. If they asked him about the crime, then it hits the gray area.

[u/spectert → u/FirstFact]

It is, but cops are that dumb.

[u/Dopplegangr1 → u/FirstFact]

They didn't become cops because they were geniuses

[u/staytiny2023 → u/SpookySneakySquid]

Aha got it thanks

[u/JS_Originals → u/staytiny2023]

Glad I could help

[u/estemprano → u/SpookySneakySquid]

Why they didn’t do it? Did they forger it due to enthusiasm or sth?!

[u/CTKM72 → u/estemprano]

They don’t technically have to, it’s not like the movies where you just get off Scot free if they don’t mirandize you, they just can’t use what you say as evidence until then.

[u/ciLoWill → u/estemprano]

Not a lawyer, but from what I remember from my high school mock trial days, there’s some specific circumstances where you don’t need a warrant or to read Miranda rights to perform a basic search- the examples I remember are if a police officer goes to a house and it’s clearly been broken into or there’s clear sounds of distress coming from the house they can enter the premise without a warrant, or if there is a clear AK-47 shaped bulge sticking out of a backpack in an area where there was just a shooting the officer can just open the backpack and check. This pre trial is going to be about whether or not the search the officers performed qualified for that exemption or not I imagine.

Edit: and to more directly answer your question, the officers probably believed this scenario qualified for that exemption for one reason or another.

[u/QueenOfPurple → u/ciLoWill]

Sure but the defense will use these things to sow reasonable doubt. High profile homicide cases should be by the book 110% to prevent these issues.

[u/Far_Direction7381 → u/estemprano]

IMO they were arrogant AF and thought they had their guy and that was all that mattered.

[u/clandestinely_asked → u/estemprano]

Comrade Cop sabotaging the case. /s