In a surprising turn of events on Monday, a federal judge has opted to conduct an evidentiary hearing to assess whether Luigi Mangione’s backpack was legally seized and searched during his arrest at a McDonald’s in Altoona, Pennsylvania.

Judge Margaret Garnett, in a court order, cited her consideration of “the arguments presented by counsel” during a hearing on Friday, as well as “the seriousness of the charges the Defendant is facing,” which led her to reverse her previous stance that the hearing was unnecessary.

The upcoming hearing is set to feature testimony from an Altoona police officer about the department’s standard procedures for handling, securing, and documenting the personal belongings of individuals arrested in public spaces.

Luigi Mangione is set to appear for a suppression of evidence hearing related to the murder of UnitedHealthcare CEO Brian Thompson, scheduled for December 16, 2025, at Manhattan Criminal Court in New York City. (Seth Wenig-Pool/Getty Images)

The judge clarified that the prosecution’s witness need not be one of the officers involved in Mangione’s arrest. She also mentioned that the brief hearing is expected to occur within the next two weeks.

The move comes after several Altoona officers testified in state court regarding Mangione’s request to exclude evidence seized by police during his arrest, including a backpack carrying the alleged murder weapon. 

His lawyers are also asking the judge to eliminate the same items from his federal case. 

Luigi Mangione speaks to a police officer in Altoona, Pennsylvania. (Manhattan District Attorney’s Office)

On Friday, Mangione’s defense team asked the court to bar the government from making his federal trial a capital case. 

Mangione’s federal case is expected to go to trial in December – or possibly January 2027 – if the death penalty remains on the table. If not, the judge said Friday that Mangione could stand trial as early as October.

Luigi Mangione talks with a police officer in Altoona, Pennsylvania. (Manhattan District Attorney’s Office)

No trial date has been set in Mangione’s state murder case, which is expected to be first. 

Mangione is accused of gunning down UnitedHealthcare CEO Brian Thompson on a New York City sidewalk in 2024. He has pleaded not guilty in both courts.