Judge Margaret Garnett ordered a brief hearing to decide whether the search of Luigi Mangione’s backpack at his Dec. 9, 2024 arrest in Altoona, Pennsylvania, was lawful. The court asked prosecutors to produce an Altoona police witness and the affidavit supporting the federal search warrant. Mangione, 27, faces federal charges in the fatal shooting of UnitedHealthcare CEO Brian Thompson, including a murder count that carries a potential death sentence, plus two stalking counts; he has pleaded not guilty. Jury selection is tentatively set for Sept. 8, though the schedule may change.
Judge Orders Brief Hearing To Review Lawfulness Of Luigi Mangione’s Backpack Search
Luigi Mangione appears with his lawyers for a suppression of evidence hearing in the killing of UnitedHealthcare CEO Brian Thompson in Manhattan Criminal Court on Dec. 8 in New York. (Stephen Yang / Pool via Getty Images)
U.S. District Judge Margaret Garnett reversed an earlier view and on Monday ordered a short hearing to determine whether the search of Luigi Mangione’s backpack during his Dec. 9, 2024, arrest in Altoona, Pennsylvania, was lawful.
What the Court Ordered
Garnett directed prosecutors to secure testimony from an Altoona Police Department officer about whether law enforcement followed any "established or standardized procedures" during the encounter with Mangione. She also ordered the government to file a copy of the affidavit used in support of the federal search warrant and any related documents. The judge described the hearing as brief and instructed the parties to confer on dates within the next two weeks.
Arrest And Evidence
Authorities arrested Mangione inside a McDonald’s in Altoona on Dec. 9, 2024, ending a five-day manhunt following the fatal shooting of UnitedHealthcare CEO Brian Thompson outside the New York Hilton Midtown. Investigators say the backpack recovered at the arrest contained a so-called ghost gun, counterfeit identifications, a notebook and other writings critical of the U.S. private health care system. Law enforcement sources previously told NBC News that a three-page handwritten document included the phrase, "these parasites simply had it coming."
Charges And Motions
Mangione, 27, is federally charged in the shooting and faces four federal counts, including a murder charge alleging use of a firearm — a count that carries a potential death sentence — plus two federal stalking counts and a firearms offense. He has pleaded not guilty. Separately, New York state prosecutors have indicted Mangione on nine counts, including second-degree murder and multiple weapons charges; he has pleaded not guilty in state court as well.
The defense has filed a motion seeking dismissal of two federal counts, including the firearm-related murder count and a firearms offense count. In court filings, Mangione’s attorneys also argued that prosecutors prejudiced the case by dramatizing the arrest — describing it as a "scene out of a Marvel movie" and portraying their client as a "shackled monster" — conduct they say could unfairly influence jurors and sentencing. The prosecution has rejected those claims and maintains the charges are appropriate and supported by the evidence.
Timing
Judge Garnett has tentatively scheduled jury selection to begin Sept. 8, with opening statements possible as early as October, but she cautioned that the timetable may change depending on pretrial rulings and the forthcoming hearing about the backpack search.
What's Next: The limited hearing will focus narrowly on whether the backpack search and related warrant materials were conducted and obtained lawfully. Other pretrial matters and the broader criminal cases in federal and state court will proceed separately.
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