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Notes -
If I remember right, the only images those officers had seen were (1) where he was wearing a mask and (2) poor quality / unusual angle - so a confident positive ID is unlikely. Now, Mangione did fuck up by presenting the police a fake ID, the same one he used for the hostel he stayed at in NY which gives them cause for arrest, but the police didn't get a search warrant before searching his backpack which is a big screw up.
The images are here: https://petapixel.com/assets/uploads/2024/12/b73a00e1-472a-4bda-9d4e-16efbd624c61_1920x1080-800x450.jpg
I would think that if you are standing talking to this guy you could form a pretty good probable cause based on those? You're not like counting nose-hairs, but he seems pretty recognizable.
And as pusher_robot points out, once the cops have probable cause, the next thing the will do is arrest you! And then they can search your stuff (that you are carrying) without a warrant. (may be some exceptions, but I think a heavy-ish backpack in the possession of a guy who probably just assassinated a dude with a silenced pistol would not be one)
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Why wouldn't that be covered as a search incident to arrest?
Depends on when the arrest and search occurred. Police in my state have screwed this up before by doing the following:
-Detaining someone to investigate something suspicious (specifically a misdemeanor where an arrest is not mandatory)
-Searching the suspect's backpack
-Arresting on the misdemeanor + what was found in backpack
-Charges on the felony stuff in the backpack get dismissed because officers can't show they would've inevitably discovered the backpack's contents because the arrest on the misdemeanor wasn't mandatory
It's only a search incident to arrest if there's a valid arrest first. If detaining Mangione on suspicion of a fake ID wasn't a mandatory arrest type of offense and he was only detained and not arrested, then it's possible they searched the bag too early.
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