A new filing from Luigi Mangione‘s lawyers claims that the police violated his constitutional rights by using snacks to obtain his DNA.
According to Thomas Dickey, Mangione’s Pennsylvania lawyer, Mangione was given snacks at the Altoona, Pennsylvania, police station following his McDonald’s arrest.
These snacks were then reportedly used to gather his DNA as evidence, violating his Constitutional right to protection from unreasonable search and seizure.
The court filings state: “All DNA samples, profiles, etc, were poisonous fruits obtained in violation of the protections afforded the Defendant by the constitutions of both the United States and this commonwealth.”
Steven Hirsch/New York Post via AP, Pool
Mangione is being held in New York on charges of murder, interstate stalking, stalking through use of interstate facilities resulting in death, and discharging a firearm that was equipped with a silencer in the state.
He also faces charges of forgery, firearms not to be carried without a license, tampering with records, possessing an instrument of a crime, and false identification to law enforcement in Pennsylvania.
Dickey and the Altoona Police Department (APD) have been contacted for comment via email.
Why It Matters
This DNA argument is one of many that Mangione’s defense is using to argue that their client was not given his Constitutional protections by the Pennsylvania police.
His lawyers are asking for several of Mangione’s Pennsylvania charges to be dropped due to their argument that his DNA and other evidence were allegedly obtained illegally by the police. This may impact on his New York trial as well, and if the evidence was collected illegally, it can’t be used in court.
What to Know
Mangione was arrested in a McDonald’s in Altoona, Pennsylvania, on December 9, 2024.
His legal team in Pennsylvania is arguing that several factors in this arrest were unconstitutional.
They claim in their court filing that Mangione’s Fourth Amendment protections from unlawful search and seizure were violated several times by the APD. The filings claim that police did not have a warrant to search Mangione’s backpack, that APD arrested him with “no paperwork, photograph, warrant, communication or other information in its possession corroborating the speculation that Defendant was in fact the person being sought in New York.”
They also argue that Mangione’s Fourteenth Amendment right to not be deprived of life liberty or property without due process were violated when he was arrested without “reasonable suspicion to support an investigatory detention at the moment of detention,” and when his backpack was allegedly searched without a warrant.
Their DNA case hangs on the claim that “while illegally seized, arrested, and detained, the Defendant was provided food and soda at the Altoona Police Department Station. The purposes for the same, was to obtain DNA from the Defendant for further investigative purposes.”
Fox News previously reported that Mangione was given a slice of pizza by the APD after his arrest.
Prosecutors say they had probable cause to arrest Mangione at the McDonald’s because they asked him whether he had been to New York recently and he started to shake, which they saw as suspicious, leading them to bring him into the police station.
Katie Godowski/MediaPunch /IPX
What People Are Saying
Philadelphia-based criminal defense attorney Matthew Mangino told Fox News Digital: “It’s my understanding that they’re saying there was no probable cause at the time for his arrest and detention. [Police] came and they had reasonable suspicion to ask him questions and pat him down based on the fact that someone had called them, and he matched the description of the suspect.”
Luigi Mangione via his legal defense information site: “I am overwhelmed by – and grateful for – everyone who has written me to share their stories and express their support. Powerfully, this support has transcended political, racial, and even class divisions, as mail has flooded MDC from across the country, and around the globe. While it is impossible for me to reply to most letters, please know that I read every one that I receive. Thank you again to everyone who took the time to write. I look forward to hearing more in the future.”
What Happens Next
Mangione’s lawyers have asked for his evidence to be inadmissible in court. Whether this will occur remains to be seen.
Mangione faces the death penalty in New York if convicted of murder. However, he must be found guilty beyond reasonable doubt by a unanimous jury. The circumstances around how his DNA and other evidence was gathered may affect jury members’ judgments about reasonable doubt.