(NewsNation) — A bid by Luigi Mangione’s defense team to exclude evidence in the fatal shooting of United Healthcare CEO Brian Thompson has some chance of succeeding, criminal defense attorney Mark Geragos tells NewsNation.
A pre-trial hearing in New York state court was scheduled to resume Monday as Mangione seeks to exclude a gun, notebook and other items police say they found in his backpack when he was arrested Dec. 9, 2024, at a Pennsylvania McDonald’s less than a week after Thompson was killed in Manhattan.
Authorities previously said the backpack search was justified to ensure there was nothing dangerous inside and that Mangione’s statements to officers were voluntary and made before he was under arrest.
But Mangione’s defense argues police should have had a warrant — an assertion that Geragos says is reasonable.
“This really is not what’s called an ‘exigent circumstances’ search,” he said. “It’s pretty hard to get around the in-real-time evidence that this was not an emergency … they took their time.”
Geragos said it’s possible police officers who responded to a tip that Thompson’s suspected killer was at the restaurant may testify they were acting to protect other civilians on the scene.
“I can understand that, but at the same time, clearly this did not rise to the level of an emergency situation,” Geragos said. “If it isn’t an emergency situation, that’s why we have the Fourth Amendment right against search and seizures that are unlawful.”
Geragos noted Mangione faces trials in federal and state courts, which have different legal standards on the issue. The hearing resuming this week in Manhattan is in the latter system. Mangione has pleaded not guilty.
The Associated Press contributed to this report.