In this motion to suppress, Bryan Kohberger’s defense team argues that law enforcement violated his constitutional rights during his December 2022 arrest by relying on a legally insufficient arrest warrant. The defense claims the Idaho arrest warrant had no legal authority in Pennsylvania, where Kohberger was apprehended, and that Pennsylvania authorities were required to obtain their own warrant to lawfully enter the home. Citing both Idaho and Pennsylvania law, the defense argues that the forced entry into the home without a Pennsylvania-issued warrant rendered the arrest unconstitutional. The motion also criticizes the heavily armed SWAT raid, despite federal surveillance showing Kohberger to be unarmed and nonviolent, and seeks suppression of any statements or evidence gathered during and after the arrest on Fourth Amendment grounds.

Furthermore, the defense alleges that the affidavit used to support the Idaho arrest warrant was flawed, asserting that it included information gathered through unconstitutional means — including the use of Investigative Genetic Genealogy (IGG) and invalid cellphone data — and that it omitted material facts necessary for a fair probable cause determination. They have requested a Franks hearing, which challenges the integrity of the affidavit by asserting that law enforcement either recklessly or intentionally excluded key information. They argue that once tainted or improperly gathered information is removed, the warrant lacks sufficient probable cause, and therefore all resulting evidence and statements must be excluded from trial. The motion frames the arrest as a product of procedural shortcuts and overreach, violating both state and federal constitutional protections.



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source:

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

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