In this filing, Bryan Kohberger’s defense team replies to the prosecution’s objection regarding their motion to suppress evidence obtained from three Google search warrants issued in early 2023. The defense argues that the warrants were constitutionally deficient because they failed to incorporate or include the supporting affidavit at the time of execution—an omission they claim violates both the Fourth Amendment and Idaho’s equivalent constitutional provision. Kohberger's attorneys emphasize that for an affidavit to cure a warrant's lack of particularity, it must be explicitly referenced in the warrant and physically accompany it when served. They assert that the Google warrants lacked both, making them "general warrants" prohibited by law, and they cite multiple federal and state precedents to bolster their position.

The defense also attacks the lack of specificity in the warrants, claiming they amounted to a sweeping data grab without clear limits or guidelines for execution. According to the filing, the warrants did not set out objective standards for determining what data should be seized and failed to distinguish between potentially relevant and lawful content held by Google. The defense further states that even if the affidavits had been included, they contained overly broad language—failing to meet the constitutional requirement that warrants be narrowly tailored to avoid unjustified intrusions into privacy. They urge the court to suppress all data obtained from these warrants, arguing that the state cannot retroactively fix foundational defects in their execution.



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source:

121924-Reply-PAs-Objection-Motion-Suppress-Memo-Google.pdf

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