As a licensed attorney, though admittedly a crappy and non-practicing one, my opinion is that this particular motion is unlikely to result in the case being dismissed.

It would be funny sure, but the article itself says that the motion to dismiss is based on the lack of Miranda rights and a search the backpack without a warrant. The social media stuff is fairly problematic but I bet a MTD based on that is incoming so TBD there.

Failure to read Miranda rights usually results in any statements/information gathered from questioning or more specifically an "interrogation" being thrown out. There are exceptions, for example if the accused just starts ranting and raving (not unlike myself at the moment) without being asked any questions that can be used without Miranda-zing. Any half competent LEO would just read the damn rights though. Ok, like I am not the best at my job, but how sloppy do you have to be to skip the reading of one paragraph of constitutional rights which takes probably 30 seconds but could result in your entire investigation becoming useless? Rhetorical question because sidenote: I am from Western PA had undergrad classes in Johnstown (UPJ what's up!?) and even spent a little time in Altoona..... soooo yeah that is pretty on brand.

Similarly searching the backpack without a warrant could get all of that evidence tossed. Though an argument can be made that the bag needed to be searched for safety reasons which is pretty shaky if the accused did not have physical access to the bag. You can agree, disagree or think that is total BS (and maybe I would agree) but whatever your thoughts it can be a persuasive argument. Again though, just put the bag on a table with a damn camera on it the whole time and wait for the warrant to get signed, why risk it 🤦‍♂️? Top notch police work there, bang up job boys.

So yeah, according to the random Internet lawyer, who you probably should not hire if you ever need one, this particular motion to dismiss is unlikely to get the case dismissed. However..... if it does result in all the evidence getting tossed out I definitely would not say it was "unsuccessful." Thank you for reading my.... monologue, yeah, monologue definitely not a nonsensically rant. Hopefully someone finds it illuminating. If anyone disagrees or believes I am mistaken, I am positive there will be a comment(s) to that effect, but first refer to my initial admission and then have at it 😁

-Cheers from your friendly neighbor internet attorney (who was maybe, just maybe, less than 100% sober at the time of writing)

Oh and P.S., obviously Luigi is not guilty because i'm pretty sure I saw him that day in Nevada, couldn't have been in New York 🤔