Judge Denies Bryan Kohberger's Motions To Suppress DNA And Digital Evidence In Idaho Murder Trial

BOISE, Idaho — A judge has denied multiple motions by Bryan Kohberger’s defense to suppress key evidence in his upcoming murder trial, including genetic data and digital records from Google, Apple and Amazon.

The court said that these rulings, which were issued on Wednesday in Ada County, found that police did not violate Kohberger’s constitutional rights when conducting searches that led to his arrest.

Court docs said that one of Kohberger’s motions sought to suppress genetic evidence obtained through forensic investigative genetic genealogy (IGG). Investigators said that they initially identified Kohberger as a suspect by comparing DNA found on a knife sheath at the crime scene with publicly accessible genetic genealogy databases. Police said that they later confirmed the match through a trash pull at Kohberger’s family home and subsequent traditional DNA analysis.

Kohberger’s defense argued in the court docs that police violated his Fourth Amendment rights by not securing a warrant before conducting the IGG search and trash pull. The court, however, found that Kohberger had no reasonable expectation of privacy in the genetic data used, noting that only publicly searchable databases were accessed by police.

Court docs said that Judge Hippler also rejected Kohberger’s request for a Franks hearing, which would have examined whether investigators intentionally or recklessly misled the court when obtaining search warrants. Kohberger’s defense said in the court docs that they claimed that investigators omitted material facts related to his identification through IGG. The court said that they concluded that the inclusion of the IGG information would have only strengthened the probable cause for the warrants.

The court said that they also denied motions to suppress digital evidence gathered from Kohberger’s accounts with Google, Apple, Amazon and his cellular carrier AT&T. Kohberger argued that the FBI’s use of grand jury subpoenas to obtain his Apple and Amazon records constituted a warrantless search. The court disagreed, citing the “third-party doctrine,” which holds that individuals relinquish privacy interests in info shared with third parties.

The court said that the search warrants for Kohberger’s Google data and a USB drive containing his cell phone information were also found to be legally sound. Investigators said that they obtained detailed records, including location data, email communications and digital files, which prosecutors argue link Kohberger to the crime scene.

Kohberger is charged with one count of burglary and four counts of first-degree murder in connection with the alleged murder of four University of Idaho students (Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle) in Moscow.