In this filing dated December 6, 2024, the State of Idaho formally objects to Bryan Kohberger’s motion to suppress evidence obtained from his Apple iCloud account via a federal grand jury subpoena and a subsequent search warrant issued on August 1, 2023. Kohberger's defense claimed the searches violated his Fourth Amendment rights, but prosecutors countered that the data falls under the “third-party doctrine,” which permits law enforcement access to user data voluntarily shared with companies like Apple. The State emphasized that the Apple data acquired was limited to account subscriber information—such as email addresses and registration dates—and did not include detailed location tracking or sensitive content. This, they argue, negates any assertion that the warrant violated Kohberger's reasonable expectation of privacy.


Further, the State rebuts the claim that the search warrant lacked probable cause or specificity, asserting that the accompanying affidavit clearly outlined the basis for the request and was legally incorporated into the warrant under well-established legal standards. They cite relevant federal cases supporting their position, such as United States v. SDI Future Health, which allows an affidavit to “cure” any alleged warrant deficiencies if it is referenced and available to the executing officers. The State maintains that there were no intentional or reckless misstatements in the affidavit and urges the court to deny the suppression motion, emphasizing that all procedural safeguards were met and the information obtained was narrow in scope and lawfully collected.



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source:

gov.uscourts.nysd.628425.211.0_2.pdf

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