This document is a motion to suppress evidence filed by Bryan Kohberger’s defense team regarding a search warrant executed on his AT&T mobile account. The defense argues that the warrant, obtained by law enforcement in December 2023, was unconstitutional and overbroad, violating Kohberger's rights under both the Fourth Amendment of the U.S. Constitution and Article I, Section 17 of the Idaho Constitution. The warrant authorized law enforcement to obtain extensive data from Kohberger’s AT&T account, including subscriber information, call and text records, cell site location data, GPS estimates, cloud storage content, and other highly invasive digital records — far beyond what was stated in the attached exhibit, which only referenced “historical” and “prospective” phone records for a two-day window.

The defense claims the supporting affidavit submitted by Cpl. Brett Payne either recklessly or intentionally omitted material facts, failed to establish probable cause, and lacked proper particularization, which made the warrant facially deficient. They further argue that all information used to justify the warrant was derived from the allegedly unconstitutional use of Investigative Genetic Genealogy (IGG), contaminating the warrant and rendering all derived data inadmissible under the "fruit of the poisonous tree" doctrine. Because of these issues, the motion asks the court to suppress all evidence obtained through this AT&T warrant, asserting that the warrant process failed both in legal standard and in execution, compromising Kohberger’s constitutional protections.



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source:

111424-Motion-Supress-Memorandum-Support-ATT-First-Warrant.pdf

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