Judge Allows Gun and Journal in Luigi Mangione Trial but Bars Other Backpack Items

A state judge ruled Monday that a gun and journal recovered from Luigi Mangione's backpack can be introduced as evidence in his September murder trial. Justice Gregory Carro of State Supreme Court in Manhattan found that the initial search of the backpack at a McDonald's in Altoona, Pennsylvania, was an improper warrantless search.

Items including a gun magazine, cellphone, passport, wallet and computer chip will not be allowed at trial.

The judge determined that the backpack was not within Mangione's immediate control at the time of his arrest. Under Pennsylvania law, police may conduct a warrantless search only if the item is within the suspect's reach and officers have a reasonable belief that it contains a weapon or evidence that could be destroyed.

The gun and journal were discovered later during a standard inventory search at the Altoona police station. Justice Carro ruled that the inventory search followed established department procedures and was therefore lawful.

Mangione was arrested at the McDonald's after giving officers a fake name and license. Police placed the backpack on a table several feet away while they questioned and detained him. Officers searched the bag at the restaurant to check for explosives but stopped before opening all compartments.

The journal contained what prosecutors have described as a manifesto criticizing the insurance industry. Prosecutors have also said the gun is linked to shell casings recovered at the scene of the killing.