A New York judge ruled that a gun and notebook that prosecutors say link Luigi Mangione to the murder of UnitedHealthcare CEO Brian Thompson can be used during his state trial, though other items will be suppressed.\u00a0<\/p>\n
A Monday morning hearing centered around the defense’s bid to\u00a0suppress evidence<\/a>\u00a0found in a backpack during Mangione’s arrest, including a 3D-printed gun, a silencer and a notebook.\u00a0<\/p>\n Mangione’s lawyers said their client was unlawfully searched when he was arrested at a McDonald’s in Altoona<\/a>, Pennsylvania. The defense said law enforcement should have obtained a warrant before looking in the backpack.\u00a0<\/p>\n Prosecutors said the search was legal and part of standard police procedure. They said the backpack was searched after Mangione gave a false identity to officers.<\/p>\n It his ruling Monday, Judge Gregory Carro called it an “improper warrantless search” because the backpack was not in the immediate reach of Mangione upon his arrest. Carro said that items found during an initial search of the backpack, including a gun magazine, cellphone, passport, wallet and computer chip must be suppressed.\u00a0 <\/p>\n However, he ruled that prosecutors can use the gun and notebook as evidence because they were recovered at the police station when law enforcement continued searching the bag.\u00a0<\/p>\n Mangione is being tried on both\u00a0federal<\/a>\u00a0and state charges for the December 2024\u00a0shooting death<\/a>\u00a0of UnitedHealthcare CEO Brian Thompson. He pleaded not guilty in both cases. \u00a0<\/p>\n The judge in Mangione’s federal case ruled in January<\/a> that the backpack evidence can be admitted.\u00a0<\/p>\n Legal expert on Mangione case\u00a0<\/p>\n Legal expert Richard Schoenstein, who is not affiliated with the Mangione case, said this hearing is critical for the trial.<\/p>\n “The gun and the writing that suggest a motive are pretty much the best evidence in the case,” he said.<\/p>\n When a person is taken into custody, Schoenstein explained that police are able to pat them down. But what makes this situation tricky is that Mangione wasn’t wearing the backpack when he was arrested.\u00a0 <\/p>\n “If you have a bag on you, generally that’s fair game too. But what makes it a little bit different here is that the bag was apparently sitting on the table. It wasn’t touching the person of Luigi Mangione. So there’s a question of whether those principles of search apply,” Schoenstein said.\u00a0<\/p>\n State trial pushed back<\/p>\n During his last federal hearing, a judge pushed back the start of Mangione’s federal interstate stalking trial.<\/p>\n Later that day, the state trial was also pushed back, from June 8 to Sept. 8. Jury selection for his federal trial will start on Oct. 5, with opening statements either Oct. 26 or Nov. 2.<\/p>\n Defense attorneys previously said they needed more time because they are representing Mangione in multiple cases at the same time.\u00a0<\/p>\n Prosecutors argued the real reason the defense wanted to postpone was because the lawyers<\/a>\u00a0have another high-profile client.\u00a0<\/p>\n Mangione’s lawyers \u00a0\u2013 Jacob Kaplan, Marc Agnifilo and Teny Geragos \u2013 confirmed in February they will be representing Harvey Weinstein in his sexual assault case. That case ended in a mistrial<\/a> Friday.\u00a0<\/p>\n \n More from CBS News\n <\/p>\n