Renowned attorney Alan Dershowitz has voiced concerns about a possible constitutional misstep in the arrest of Luigi Mangione, the suspect in the fatal shooting of UnitedHealth Group CEO Brian Thompson. His remarks, made during a public appearance Monday, underscore the critical importance of adhering to legal protocols—even in high-profile cases like this one.
Mangione was apprehended on Monday in Altoona, Pennsylvania, following a nationwide manhunt that had gripped the public since Thompson’s murder on December 4. During the arrest, authorities reportedly found documents relating to insurance companies in Mangione’s possession, sparking questions from Dershowitz about the legality of the search and the potential ramifications for the case.
Dershowitz, a former Harvard law professor and constitutional expert, explained his concerns:
“I’m a little nervous about one aspect of the arrest. According to newspaper reports… when they arrested him, they found in his possession a series of documents relating to insurance companies. I don’t think that was based on a constitutional search,” he said.
While emphasizing that he believes in the rule of law and wants justice served, Dershowitz warned about the risks of ignoring constitutional protections:
“Look, I want this guy to be convicted if he did it, and obviously, it seems 99.999999% certain that he did it, notwithstanding the presumption of innocence. But I insist every ‘I’ be dotted, every ‘T’ be crossed when it comes to the Constitution.”
At the heart of Dershowitz’s argument is the Fourth Amendment, which prohibits unreasonable searches and seizures. While police are allowed to conduct limited searches during an arrest to ensure safety—such as checking for weapons—Dershowitz questioned whether the search of Mangione’s possessions went beyond those limits.
“Now the rules are this: When you arrest somebody, you can conduct a search that is consistent with the arrest. You can make sure he has no guns, no knives, no weapons, nothing like that—no means of escape. That’s all legitimate,” Dershowitz explained.
However, he noted that if the documents were stored in an envelope or comprised multiple pages, police might have required a search warrant before examining them. Dershowitz expressed concern that failure to obtain a warrant could allow the defense to challenge the admissibility of the evidence:
“There are cases… that suggest before you read the documents… you may very well need a search warrant. It would have been easily obtainable, and you know, maybe no harm, no foul, but the police should have obtained a search warrant.”
Dershowitz compared the situation to previous high-profile cases where procedural missteps jeopardized convictions, citing the O.J. Simpson trial as an example:
“Particularly when you have a case that’s so obvious and so apparent, police should do everything in their power to avoid giving the defense any arguments at all. The same thing happened in the O.J. Simpson case—they so clearly climbed over the fence, made up a story that they were there to protect him.”
Failure to follow strict protocols, Dershowitz warned, could give Mangione’s defense team leverage to exclude critical evidence, potentially undermining the prosecution’s case.
Mangione is suspected of ambushing Brian Thompson outside a Manhattan hotel and fatally shooting him in what authorities believe was a targeted attack. Police later linked Mangione to the crime through surveillance footage and other evidence. The discovery of documents reportedly implicating Mangione in the crime could be pivotal for the prosecution—if deemed admissible.
Dershowitz’s remarks have sparked a broader conversation about balancing the urgency of criminal investigations with the need to uphold constitutional rights. Legal experts have noted that even in high-stakes cases, adherence to the law is essential to prevent potential convictions from being overturned on appeal.
Dershowitz concluded his commentary by reiterating the importance of procedural accuracy:
“I don’t want to see anything endangering a potential conviction in this case,” he said.
While he acknowledged the complexity of police work, he emphasized that ensuring every action is legally sound is not just a matter of principle but a practical necessity in securing justice.
As the investigation into Thompson’s murder continues, the scrutiny surrounding Mangione’s arrest highlights the challenges law enforcement faces in high-profile cases. With Dershowitz’s concerns now in the public eye, both prosecutors and defense attorneys will likely examine every detail of the arrest and search to determine its compliance with constitutional standards.
This case serves as a reminder of the delicate balance between urgency in pursuing justice and the enduring need to uphold the rule of law—principles that will undoubtedly shape the outcome of this trial.
Oh come on Alan I know you’re the expert, and I’m just the dumb stump when it comes to Constitutionality, but a “premeditated point blank assassination in the back by a “Loser Crazy as Bat Shit Leftist Loon” doesn’t leave any “wiggle room” by a Defense Attorney to what; saying he didn’t do it because “they found his pages of a manifesto without the Supreme Court ruling on it first,” I exaggerate but to get a warrant to look at it and speak to others about what goods they discovered during a “necessary” search of the suspect during a nationwide manhunt isn’t breaching this Assholes “Constitutional Rights” “he was recorded by multiple cameras all over the place” and “is that a violation” because it was viewed all over the internet!
I think you’re getting “a bit redundant and being a bit of a dunce” in this “hi-tech media driven society” with “privacy almost obliterated now!” Get with it man you might be getting “a bit funny in the head” and “not be considering reality!”
Diversity DEI/CRT Cops are not very bright these days.
True look what happened with the first Trump assassination attempt, Kimberly Cheatle the DEI appointment with her that roof was too sloped to station anyone which if I recall accurately had no more than a 3 to 5 degree pitch, nearly flat! I’ve been on sloped roofs even shingling my own house roof where without roof jacks you’re going to break you neck from the fall!
Well there’s Mark Levin whom I enjoy listening to when he reads the Constitution on what the Communist Democrats are violating and there’s Dan Bongino who’s ten times educated in law enforcement over the dumbasses we have in Washington DC.
Allen Dershowitz is very intelligent on the Constitution but like they say, everyone has a price to twist things around, or if their family is in danger by threatening their lives as the Communist do to silence those who oppose them, well you get the picture.
Brother Michael, excellent factual and insightful summary of the point of contention in this matter! And both Mark and Dan are “awesome hardcore realists” with “invaluable knowledge and actual hands on experience,” they are brilliant in how they “decipher and present” any issue they are on top of! I often listen to them and gain so much valuable understanding of the matter at hand!
God bless!
Agreed brother Lawrence.
Yes sir!
HorseTwaddle!
Another enemy exposes itself!
Thank you for making President Elect Trump’s job easier.
Now just stay still for one moment…
Dershowitz is right. The cops and the judiciary system have gotten so lazy and sloppy. We’ve all seen the “quality” of Judges and Prosecutors being elected and appointed.