BOISE, Idaho — The defense team for , has filed a motion to suppress evidence they argue was improperly obtained by law enforcement.
In court documents filed Thursday, Kohberger’s attorneys seek to exclude various pieces of evidence, including DNA samples, digital records from Amazon, Google, Appleand AT&T, and items found in Kohberger’s apartment in Pullman, Washington, and his car, a white Hyundai Elantra. The defense claims that law enforcement violated Kohberger’s constitutional rights when collecting this evidence.
The defense argues that DNA evidence gathered during the investigation violated Kohberger’s privacy rights. They also claim that data from his phone, including records from his Amazon, Google and Apple accounts, was obtained without proper legal procedures.
“Mr. Kohberger requests this Court suppress all evidence obtained by police via the subpoenas and warrants that permitted them to search his Amazon account,” his attorneys wrote in the court filing. “As explained above, a warrant was required to search his account, and the warrants used lacked probable cause as written, given their reliance on conclusions reached by law enforcement without the necessary details for the magistrate to draw independent conclusions. The warrant also omitted exculpatory information and relied on evidence gained in violation of the Constitution, all in violation of the Fourth Amendment and Art. I Sec. 17.”
The defense team also challenges the search of Kohberger’s apartment, arguing that the warrant was based on misleading information and omitted key details that could have helped prove his innocence.
The defense met the court-imposed deadline Thursday to submit briefs challenging the admissibility of evidence ahead of Kohberger’s trial.
. The four students were found stabbed to death at a rental house near the University of Idaho in Moscow on Nov. 13, 2022. Kohberger was arrested in December 2022 after DNA and other evidence linked him to the crime.
Prosecutors are expected to respond to the defense’s motions by Dec. 6. A hearing to determine whether the evidence will be allowed in court is set for Jan. 23, 2025. . However, his defense argues that even this extended timeline does not provide sufficient time to prepare for such a high-profile case.
