NY judge blocks some Luigi Mangione backpack evidence
The murder trial involving Luigi Mangione has taken a significant turn as a New York State Supreme Court Justice decided to exclude specific pieces of evidence found in Mangione’s backpack, such as a magazine and a computer chip. The judge determined that the backpack was not within Mangione’s “immediate grabable area” during a search conducted by the Altoona Police. However, crucial items like the gun, silencer, and a notebook manifesto remain valid evidence in the case concerning the death of United Healthcare CEO Brian Thompson.
There is ongoing criticism of New York’s criminal justice system, with some experts arguing that it disproportionately favors defendants at the expense of victims. The recent judicial decision to dismiss key evidence in the Mangione murder trial is cited by some as further evidence of this issue.
The spotlight has been cast once again on New York’s criminal justice laws following Judge Gregory Carro’s ruling. He found that the Pennsylvania police’s search of Mangione’s backpack was unconstitutional, leading to the dismissal of certain evidence. Mangione stands accused of the fatal shooting of UnitedHealthcare CEO Brian Thompson in Midtown Manhattan back in December 2024.
In 2019, New York made headlines by eliminating cash bail for most misdemeanor charges and lower-level felonies.
Since the law’s enactment, judges have been unable to impose cash bail on individuals charged with nonviolent felonies, including offenses like drug possession, shoplifting, grand larceny, and burglary, among others.
Luigi Mangione appears at an evidence suppression hearing at the Manhattan Supreme Court in New York City on May 18, 2026. (Steven Hirsch/New York Post)
Bail is an option for a narrow list of charges referred to as “qualifying offenses,” which are considered violent felonies, sex crimes, terrorism and a few others.
Former NYPD inspector and Fox News contributor Paul Mauro told Fox News Digital that New York is considered one of the most favorable states for criminal defendants, and said it has the “most constitutional protections for defendants relative to search and seizure.”
In Mangione’s case, as he was arrested in Pennsylvania, Mauro said that the laws in New York helped exclude evidence that can be introduced in court.
Luigi Mangione arrives at an evidence suppression hearing at the Manhattan Supreme Court in New York City on May 18, 2026. (Jeenah Moon/Reuters)
He pointed to a difference in search laws, noting that while both New York and federal law allow police to search a bag near a suspect without a warrant, New York applies a stricter standard for what counts as “within reach.”
“If the suspect can lunge for and grab an item, if it’s close enough to him that he can do that, you can search it, even a closed bag. But if it is not lungeable, grabbable, you got to get a search warrant,” Mauro said.
New York also gives broad discretion to judges in sentencing, Mauro said, adding to the reasons he thinks the state is very favorable toward criminal defendants.
“You could get a state-level judge that for some ideological reason doesn’t give him the top sentence,” he said.
Following the cash bail reform law that was passed in 2019, Ontario County Sheriff David Cirencione told Spectrum News that too much is being done for criminals and not the victims.
“We’re going overboard for the suspects and the predators and not doing enough for our victims,” Cirencione said. “I think a lot more needs to be done.”
Luigi Mangione arrives at an evidence suppression hearing at the Manhattan Supreme Court in New York City on May 18, 2026. (Jeenah Moon/Reuters)
Criminal defense attorney Donna Rotunno called New York one of the most “favorable” states for criminal defendants, adding that progressive district attorneys have only compounded the issue.
“Any big blue city with progressive DAs are always going to be places where it’s more favorable for criminal defendants,” Rotunno said. “They, you know, have progressive pretrial release programs. There’s no more cash bail…I think that from that standpoint, yes.”
Specifically, Carro ruled that the search of Mangione’s backpack at a McDonald’s was unconstitutional because it was made away from an arm’s reach. The alleged handgun found during the search, which Mangione allegedly used to kill UnitedHealthcare CEO Brian Thompson, is admissible in court and can be shown to jurors.
Carro also ruled that most of Mangione’s statements that were made to police in Pennsylvania could also be admissible, other than a remark that the murder suspect made about his alleged fake ID after he was given a Miranda warning.