当警察逮捕时，一名监督警官正在宾夕法尼亚州的麦当劳被指控的首席执行官杀手Luigi Mangione在人体摄像镜头中听到他说阿尔图纳警方“可能”需要搜查令来继续搜查曼乔内的背包。
这段录像是在周一审前听证会的第四天播放的，曼乔内的辩护律师试图从审判中排除关键证据，他们说这些证据是在没有搜查令的情况下从他的背包中非法获得的。
阿尔图纳警方去年12月逮捕了曼乔内，因为他被叫到一家麦当劳吃饭，五天前他声称被枪杀联合医疗集团首席执行官布莱恩·汤普森在曼哈顿的人行道上。
巡警Christy Wasser对Mangion的背包进行了粗略的搜查，并在人体摄像镜头中告诉上级官员，“我们只是想确保没有炸弹。”
加勒特·特伦特下士回答道:“我明白。现在我们可能需要搜查令。"
另一名警官说，“但逮捕是搜查事件，”该术语授权宾夕法尼亚警察在个人被拘留后对其进行搜查。
“是的，但我们意识到犯罪，”特伦特回应道。
阿尔图纳的警察可能已经意识到汤普森的致命枪击，但在那个时候，曼乔内只是因为伪造被捕，警方说他携带的是假驾照。辩方认为背包搜查超出了许可范围。
“你真的在搜查他的包，因为你认为他是纽约市的枪手，是吗?”辩护律师Karen Friedman Agnifilo周一在证人席上问Wasser。“不，我们搜查每个人，”Wasser回答。
“你在寻找他是纽约市枪手的证据，”阿格尼菲洛坚持说。
辩方还抓住了瓦塞尔在警察局搜查快结束时的一句话:“这不是很棒吗?”
Wasser作证说她这么说是“因为我为我们部门感到骄傲。”阿格尼菲洛插话道，“因为你抓到了纽约的枪手?”瓦瑟回应道:“有可能。”
Agnifilo指控Wasser在从麦当劳到警察局的路上停车并再次搜查袋子，这次开车花了她11分钟，比其他警察多花了两分钟。
“那不是真的，”瓦瑟说。
当曼乔内于上午9点58分被正式逮捕时，在阿尔图纳警察局工作了19年的老兵瓦塞尔作证说，她“走过去捡起了他的背包”，立即掏出一把小刀和一条面包。
搜查开始两分钟后，Wasser在人体摄像头视频中被看到从背包中取出“湿的灰色内衣”。“当我打开它时，它是一本杂志，”她作证说。
检察官乔尔·塞德曼(Joel Seidemann)问它是否“满载”，瓦瑟回答说，“是的。”
瓦瑟还说，她在法拉第包里发现了一部手机，用来隐藏信号。
有人听到一名警官建议将这个包带到警察局检查是否有炸弹。有人听到Wasser开玩笑说，她更喜欢在麦当劳检查它，因为她“不想拉一个Moser”——她说，这是一个讽刺，指的是一名前Altoona警官，他把一枚炸弹带到了警察局。
辩护律师认为，瓦瑟的行为侵犯了曼乔内的宪法权利，应该有理由排除在包里找到的任何证据，包括所谓的谋杀武器和检察官所说的相当于认罪的文字。
辩方还试图质疑瓦瑟关于她正在寻找潜在炸弹的说法，在法庭文件中辩称，提到炸弹是“旨在掩盖非法搜查背包的借口。”
在交叉询问期间，辩护律师卡伦·弗里德曼·阿格尼菲洛问瓦瑟，她是否在搜索潜在的炸弹时清除了麦当劳，瓦瑟回答说:“没有。”
弗里德曼·阿格尼菲洛问道:“你会要求任何人离开你所在的地区吗?”还有，“你有没有阻止任何东西进入麦当劳旁边的区域使用洗手间?”瓦瑟对这两个问题都回答“不”。
“你有没有在包里摸来摸去，感觉有什么东西感觉像炸弹?”弗里德曼·阿格尼菲洛问道。
“不是在这一点上，”瓦瑟说。
Friedman Agnifilo还试图强调，在第一个接电话的警官告诉Wasser他很忙后，Wasser迫不及待地来到麦当劳。
“我告诉过你我很忙，”警官约瑟夫·德特威勒在人体摄像镜头中说道。“但我还是重新开始了，”瓦瑟说。
当他们的来回突然停止时，Wasser承认，她“可能”停止了与Detwiler的交谈，因为担心被他的随身相机拍下。
“你来是因为你想在那里，”弗里德曼·阿格尼菲洛说。“没有别人请你去。”
上午10点03分，一名警官在录像中提到了搜查令。有人听到另一名官员说，在那个阶段不需要。
她作证说，虽然Wasser最初对背包的搜查发现了这本杂志，但她错过了藏在包里更深处的装有子弹的手枪、消音器和杂志。Wasser作证说，当她从麦当劳开车到Altoona警察局进行进一步搜查时，她才发现了这些物品。
“有武器!”当曼乔内戴着脚镣在几英尺之外被搜查时，她在录像中听到了对其他警察的喊叫。
"那是你第一次打开侧面的拉链部分吗?"塞德曼问证人席上的瓦瑟。
“是的，先生，”她肯定地说。
由于曼乔内离她只有几英尺远，她作证说继续在曼乔内附近搜寻是“不明智的”。
"你掏出枪的时候被告的手是空的吗?"塞德曼问道。
“是的，”她作证说。
人体摄像镜头显示，Wasser和副警长Derek Swope将武器带到附近的走廊，在一扇锁着的门后，她清除了枪。当她在视频上向斯沃普解释情况时，她咕哝着，有时听不见。
“我们刚刚检查了包...以确保没有炸弹或任何东西，”她在人体摄像机镜头上说。
随着搜查的继续，Wasser很快发现了一个藏在包里其他东西下面的消音器。她还发现了一本据称属于曼乔内的日记。
“神圣的s -，”斯沃普可以听到在人体摄像机镜头说。
Wasser作证说，她在检查背部时很小心，因为Mangione被指控的罪行的性质“增加了[她的]担忧。”
“我只是想确保没有任何东西会伤害任何人，”她作证说。
“你的上司有没有说，‘停下，去拿搜查令?’”塞德曼问道。
“不，”她说。
瓦塞尔作证说，在警察局背包的搜查中还发现了一张纸条，上面有一张粗糙的手写的匹兹堡地图，以及塞德曼所说的可能的逃跑路线。
纸条上写着，“保持势头，美国联邦调查局一夜之间变慢”和“打破凸轮连续性”另一行写着，“离开cam 3个多小时，退出diff方法(例如:megabus，rail)”和一个注释说“检查当前情况的报告。”纸条上还写着，“去佩恩车站的巴士”，“换帽子”和“随便哪辆出租车”...或者过河。”
Wasser还在人体摄像镜头中说，她从Mangione的包里拿出了理发推子。
在人体摄像机视频的早些时候——当她还在麦当劳搜查袋子时，背景中响起了“圣诞节的十二天”——检察官强调了官员和主管之间关于是否需要搜查令的交流。一名警官评论说，“由于案件的严重性”，可能需要搜查令，但他们的上司插话说，不需要搜查令，因为该事件是“逮捕的搜查事件”——对被捕者周围地区进行的无搜查令的搜查。
宾夕法尼亚州布莱尔县地方检察官办公室的检察官蒋曦儿·史密斯也作证，概述了曼乔内被捕后从他那里缴获的物品的保管链。
史密斯回忆说，阿尔图纳警察局的一名中尉在上午9点53分打电话给她，告诉她“他已经找到了对麦当劳CEO枪击事件负责的人”。史密斯说，她当时在法庭上，中断了诉讼程序，通知了她的老板，布莱尔县地方检察官彼得·威克斯。
史密斯说，她和威克斯建议阿尔图纳警方指控曼乔内伪造、无照携带枪支、篡改身份证明记录、拥有犯罪工具以及向执法部门提供虚假身份证明。
史密斯描述了一份搜查令，该搜查令获得了法院的许可，可以扣押曼乔内的物品，包括他背包里的物品，并将其转移到NYPD。
“那个包里的某些东西本来就不是违禁品，所以我们想确保法院已经批准了，”史密斯作证说。“当他们搜查袋子时，他们发现，例如，火器、弹药和消音器，当他没有携带这些隐藏物品的有效许可证时，这些物品就成为违禁品。”
警方表示，他们在曼乔内的背包中发现的手写笔记与宾夕法尼亚州的当地指控无关。通常情况下，它们会被放在一边保存起来。逮捕令允许将这些物品作为可能的证据移交给纽约案件。
弗里德曼·阿格尼菲洛反对塞德曼把这些作品称为所谓的“宣言”，把汤普森的死称为“处决”。格雷戈里·卡罗法官说，这对于正在进行的压制听证会来说是没问题的，但他说，“你肯定不会在审判中这样做。”
听证会定于周二继续进行第五天的作证。
'There's a weapon!': Officer testifies in evidence hearing about finding gun in Luigi Mangione's bag
A supervising police officer who was present at the McDonald's in Pennsylvania when police apprehendedaccused CEO killer Luigi Mangionewas heard on body camera footage saying Altoona police "probably" needed a warrant to continue searching Mangione's backpack.
The footage was played during Day 4 of a pretrial hearing Monday in which Mangione's defense lawyers are trying to exclude from trial critical evidence that they say was illegally seized from his backpack without a warrant.
Altoona police arrested Mangione last December after being called to a McDonald's where Mangione was eating, five days after he allegedlygunned downUnitedHealthcare CEO Brian Thompson on a Manhattan sidewalk.
Patrolman Christy Wasser had conducted a cursory search of Mangion's backpack, telling the superior officer on body camera footage, "We just wanted to make sure there's no bomb."
Corporal Garrett Trent replied, "I understand.At this point we probably need a search warrant."
Another officer is heard saying, "But it's search incident to arrest," the term that authorizes Pennsylvania police officers to search individuals once they're taken into custody.
"Yeah, but we are aware of that crime," Trent responded.
Altoona officers may have been aware of the fatal shooting of Thompson, but at that point, Mangione only had been arrested for forgery based on the fake driver's license police said he was carrying.The defense has argued the backpack search exceeded what might have otherwise been allowed.
"Isn't it true that you were actually searching his bag because you thought he was the New York City shooter?" defense attorney Karen Friedman Agnifilo asked Wasser on the stand Monday."No, we search everyone," Wasser responded.
"You were looking for evidence he was the New York City shooter," Agnifilo insisted.
The defense also seized on a statement Wasser is heard making near the end of the search at the stationhouse: "Isn't this awesome."
Wasser testified she said it "because I'm proud of our department."Agnifilo jumped in, "Because you caught the NYC shooter?"Wasser responded, "Possibly."
Agnifilo accused Wasser of pulling over on the way from the McDonald's to the police station and searching the bag again, nothing the drive took her 11 minutes -- two minutes longer than it took other officers.
"That is not true," Wasser said.
When Mangione was formally placed under arrest at 9:58 a.m., Wasser -- a 19-year Altoona Police Department veteran -- testified that she "walked over and picked up his backpack," immediately pulling out a pocketknife and a loaf of bread.
Two minutes into the search, Wasser was seen on body camera video extracting "wet, gray underwear" from the backpack. "And when I opened it up, it was a magazine," she testified.
Prosecutor Joel Seidemann asked it was "fully loaded," and Wasser responded, "Yes."
Wasser also said she discovered a phone in a Faraday bag, designed to conceal its signal.
An officer was heard suggesting that the bag be brought to the police station to check for bombs. Wasser was heard joking that she preferred to check it at the McDonald's because she "didn't want to pull a Moser" -- a sarcastic reference, she said, to a former Altoona officer who brought a bomb to the police station.
Defense lawyers have argued Wasser's actions violated Mangione's constitutional rights and should justify excluding any of the evidence found in the bag, including the alleged murder weapon and writings that prosecutors say amount to a confession.
The defense is also trying to cast doubt on Wasser's claim that she was searching for a potential bomb, arguing in court filings that the mention of a bomb was an "excuse designed to cover up an illegal warrantless search of the backpack."
During cross examination, defense attorney Karen Friedman Agnifilo asked Wasser if she cleared the McDonald's while searching for a potential bomb, and Wasser replied, "No."
Friedman Agnifilo asked, "Do you ask anyone to leave the area you are in?" and, "Do you prevent anything from coming into that side area of the McDonald's to use the bathroom?" Wasser replied, "No" to both questions.
"Do you feel around the bag and feel something that feels like a bomb?" Friedman Agnifilo asked.
"Not at this point," Wasser said.
Friedman Agnifilo also attempted to highlight that Wasser eagerly arrived at the McDonald's after the officer who first responded to the call told her that he was busy.
"I told you I was busy," officer Joseph Detwiler was heard saying on body camera footage. "But I started over anyway," Wasser said.
When their back-and-forth abruptly stopped, Wasser acknowledged that she "possibly" stopped talking to Detwiler over concerns about being caught on his body-worn camera.
"You came because you wanted to be there," Friedman Agnifilo said. "Nobody else asked you to go."
At 10:03 a.m. an officer was heard on the camera footage mentioning a search warrant. A different officer was heard saying that one was not needed at that stage.
Although Wasser's initial search of the backpack uncovered the magazine, she missed the loaded handgun, silencer, and journal that were buried deeper in the bag, she testified.Wasser testified that she only discovered those items when she conducted a further search after driving from the McDonald's to the Altoona police station.
"There's a weapon!" she's heard shouting on the video footage to the other officers in the intake area, as Mangione was being searched just feet away with his ankles shackled.
"Is that the first time you opened that zipper section on the side?" Seidemann asked Wasser on the witness stand.
"Yes, sir," she affirmed.
With Mangione just feet away from her in the station's intake area, she testified it would be "unwise" to continue the search near Mangione.
"Were the defendant's hands free at the time you took out the gun?" asked Seidemann.
"Yes," she testified.
Body camera footage showed Wasser and Deputy Chief Derek Swope take the weapon over to a nearby hallway -- behind a locked door -- where she cleared the gun. She mumbled -- at times inaudibly -- when she explained the situation to Swope on the video.
"We just checked the bag ... to make sure there were no bombs or anything," she said on the body camera footage.
As the search continued, Wasser quickly uncovered a silencer buried beneath other items in the bag. She also found a journal allegedly belonging to Mangione.
"Holy s---," Swope can be heard saying in the body camera footage.
Wasser testified that she was cautious when checking the back because the nature of Mangione's alleged crime "greatened [her] concern."
"I just wanted to make sure there was nothing that could harm anybody," she testified.
"Did any of your supervisors say, 'Stop -- go get a search warrant?'" asked Seidermann.
"No," she said.
The stationhouse backpack search also turned up a slip of paper with a crude, handwritten map of Pittsburgh, Wasser testified, as well as what Seidemann described as possible escape routes.
The note said, "Keep momentum, FBI slower overnight" and "Break CAM continuity." Another line read, "3+ hrs off cam, exit diff method (ex: megabus, rail)" and a note saying "check reports for current situation." The note also said, "bus to Penn station," "change hat" and "either taxi ... or cross river."
Wasser was also heard on body camera footage saying she pulled hair clippers from Mangione's bag.
Earlier in the body camera video -- when she was still searching the bag at the McDonald's while "The Twelve Days of Christmas" blared in the background -- prosecutors highlighted an exchange between officers and a supervisor about whether a warrant was necessary. One officer remarked that a warrant might be needed "because of the severity of the case," but their supervisor interjected to say that no warrant was required because the incident was a "search incident to arrest" -- a warrantless search conducted of an area within the arrestee's immediate surroundings.
Prosecutor Nichole Smith of Pennsylvania's Blair County District Attorney's office also testified, outlining the chain of custody of items seized from Mangione after he was apprehended.
Smith recalled a lieutenant from the Altoona Police Department calling her at 9:53 a.m. to advise her "that he had the individual responsible for the CEO shooting" at McDonald's. Smith said she was in court at the time and interrupted the proceeding to inform her boss, Blair County District Attorney Peter Weeks.
Smith said she and Weeks advised Altoona police to charge Mangione with forgery, carrying a firearm without a license, tampering with records for identification, possessing instruments of a crime and providing false identification to law enforcement.
Smith described a search warrant that obtained a court's permission to seize Mangione's belongings, including items in his backpack, and transfer them to the NYPD.
"Certain items in that bag were not inherently contraband, so we wanted to ensure that the court had approved," Smith testified. "When they search the bag and they discover, for instance, the firearm, the ammunition and the suppressor, when he does not have a valid permit to carry those items concealed, they become contraband."
Handwritten notes that police said they also discovered in Mangione's backpack were not relevant to the local charges in Pennsylvania. Ordinarily, they would have been put aside and saved. The warrant allowed those items to be transferred as possible evidence in the New York case.
Friedman Agnifilo objected to Seidemann referring to the writings as an alleged "manifesto" and Thompson's killing as an "execution." Judge Gregory Carro said it was fine for the ongoing suppression hearing but said, "You're certainly not going to do that at trial."
The hearing was scheduled to resume on Tuesday for the fifth day of testimony.
