“Even if this motion is successful, it doesn’t mean that Luigi Mangione walks out of prison,” said Ron Kuby, a criminal defense attorney whose practice focuses on civil rights. “All it means is that the items that were seized from him, or seized that belong to him, can’t be used as evidence against him.”
Kuby thinks that Mangione’s team has made enough claims in their papers to merit a hearing on the issues, in which the police officer involved would have to testify, confirming or denying the facts. “It does appear that they stopped and frisked Mangione without a legal basis to do it. If that’s true, everything that follows from there is likely to be found to be unconstitutional,” he said.
https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree
There are exceptions, though. It’ll be a question of whether or not the prosecution can make an argument that it falls into one of those.
…well, it’ll be a question of who’s at the judge’s bench. The actual law doesn’t mean shit in this country.
The judge on the bench in this case has been insisting on Luigi wearing ankle cuffs, so there’s that for context…
pretty much the courts already show bias.
There’s also the issue of whether their witness is cooperative or not. There’s always an outside chance that the arresting officer intentionally behaved in a manner that invalidates the evidence, and is willing to testify in a way to support that.