Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Search of McDonald’s backpack 'illegal' in UnitedHealthcare CEO murder case, defense says
By
Samantha Max
and
Charles Lane
Published May 1, 2025
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Courtesy of defense filing / New York State Supreme Court
By
Samantha Max
and
Charles Lane
Published May 1, 2025
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
Luigi Mangione’s lawyers allege that police illegally searched his backpack after locating him at a McDonald’s in Pennsylvania, and that none of the evidence inside should be allowed at trial, according to a motion filed Thursday evening.
If a judge agrees, it could pose a major hurdle for the Manhattan district attorney’s office, which is prosecuting one of several criminal cases against the 26-year-old, who is accused of killing United Healthcare CEO Brian Thompson in December.
“Law enforcement has methodically and purposefully trampled his constitutional rights,” the filing states, “in violation of the Fifth Amendment and illegally searching his property.”
Mangione pleaded not guilty to murder in federal court — where prosecutors are seeking the death penalty — and in New York state court, where he faces a first-degree murder charge and additional counts of second-degree murder.
The Manhattan DA’s office did not immediately respond to a request for comment. The Altoona Police Department, which first detained Mangione, also did not return a message seeking comment.
Filings like this one, which seek to suppress evidence or dismiss charges, are common in the early stages of criminal cases and often unsuccessful. But whether or not a judge rules in Mangione’s favor, the motion offers new details in a case that has captured national attention.
According to the filing and court records, police found Mangione at a McDonald’s in December after an employee reported he resembled a suspect wanted in New York. Altoona police allegedly found a black 3D-printed pistol, a silencer and several fake IDs in Mangione’s backpack.
The new court filing argues the search was unconstitutional because officers did not have a warrant and Mangione was already handcuffed and surrounded by police when they began opening his bag.
Mangione’s lawyer claims an officer first searched the bag without raising any alarm, but later said she was checking for a bomb — then placed the backpack in a patrol car without calling the bomb squad.
“Officers continued their warrantless search through Mr. Mangione's backpack at McDonald’s even after he was removed from the restaurant,” the motion says.
The filing also challenges the terrorism-related charges in the state case, arguing the grand jury never established that the charges against Mangione were any more than a single alleged murder.
His lawyer also contends that the dual state and federal prosecutions amount to double jeopardy and violate Mangione’s due process rights.
Tagged
new york city
new york state
public safety
Samantha Max
Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.
Read more
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Deer are all over New Jersey roads looking for sex, state officials warn
Mid-October through mid-December is deer mating season, which can be a danger to drivers as the sex-seeking creatures cross roadways throughout the Garden State.
By
Rosemary Misdary
Published Oct 16, 2026 at 4:22 p.m. ET
Man messaged 'I got straight poison' before giving NYC college students fentanyl, feds say
A transcript from an April court hearing sheds new light on what transpired at Fashion Institute of Technology.
By
Samantha Max
News
Man messaged 'I got straight poison' before giving NYC college students fentanyl, feds say
A transcript from an April court hearing sheds new light on what transpired at Fashion Institute of Technology.
By
Samantha Max
Inside the plan to fix the nearly collapsed Pfizer Building, 1/64th of an inch at a time
By
David Brand
School bus carrying autistic students got lost in Brooklyn for 4 hours last year
By
Jessica Gould
NYC’s bridges can last 'forever,' if we take care of them
By
Clayton Guse
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .