An attorney for Luigi Mangione has amended his motion to suppress the evidence in his Pennsylvania Criminal case. He claims that police unlawfully detained Mangione and confiscated items from him, infringing on several constitutional rights.

Mangione has been accused of shooting and killing United Healthcare’s CEO Brian Thompson in Midtown Manhattan last December.

Thomas Dickey, an attorney in Blair County who filed the amended motion for the case against Mangione, says that the Altoona Police Department held him at a McDonald’s local without enough evidence to prove he was a suspect.

The original motion was filed two weeks ago.

Dickey claims in his latest filing that no official identification of the defendant as the New York suspect was made by anyone from New York State, the Pennsylvania Attorney General’s Office, or the FBI.

Mangione’s arrest occurred while he was having breakfast. A customer pointed out Mangione to a McDonald’s worker, who called 911.

Mangione was reportedly found with a gun and silencer, believed to be 3D-printed, and multiple fake ID cards, including one New York police said he used days before the shooting to check into a hostel in the city.

His defense team claimed that during the conversation, the police had “encircled” Mangione and denied him the ability to leave. This amounted to an “investigative arrest.”

The motion said that this type of hold is protected by the Fourth Amendment and Fourteenth Amendment, as well as State Law.

In court documents, it was noted that the police did not have “reasonable suspect and probable cause” to arrest Mangione.

Anything that was seized of Mangione is, therefore, unlawful, they contend. 

“Any evidence, seized, obstinate or in possession of law enforcement and/ or the Commonwealth, purportedly in support of any of the instant charges, was obtained illegally and unlawfully,” the motion stated. 

Mangione is facing multiple murder charges, including murder committed as an act of terrorism in New York State and Pennsylvania. He is accused of shooting Thompson in Midtown Manhattan as he walked to an investor’s conference on December 4.

Federal charges may carry a death sentence, while state charges can only be punished by a maximum of life imprisonment without parole. The two cases are expected to proceed in parallel, with the prosecution stating that the federal charges will be tried first.