Kohberger team calls warrants too broad
Attorneys trying to get evidence tossed; judge sits tight for time being
Attorneys for Bryan Kohberger argued Friday that the search warrants in the 2022 Moscow murder case were too broad, and therefore evidence should be suppressed.
Friday’s arguments in Ada County District Court in Boise were a continuation of Thursday’s hearing regarding evidence in the 2022 murder case. Kohberger’s defense team is attempting to suppress evidence that was gathered throughout the case by police, including DNA, cellphone data, Amazon and Apple accounts and other evidence found at Kohberger’s parents’ Pennsylvania home where he was arrested Dec. 30, 2022.
Defense attorney Elisa Massoth questioned Moscow Police Department detectives Brett Payne and Lawrence Mowery during Friday’s hearing about their affidavits that led to the search warrants for this evidence.
Afterward, Massoth argued to Judge Steven Hippler that these warrants were too general and not specific enough to be valid. She said a warrant has to be particular enough so that nothing is left to the discretion of the officer executing the warrant. She also stated that accessing Kohberger’s electronic data is a violation of privacy.
Latah County Deputy Prosecutor Ashley Jennings countered that the warrants were specific to the type of crime and location. The warrant for Kohberger’s cellphone specified what types of data the police could search, she said.
Jennings added that it is not considered a violation of Kohberger’s privacy to search Amazon’s business records, for example.
Kohberger attorney Jay Logsdon argued the police raid on Kohberger’s parents’ home in Pennsylvania was unlawful because it was allegedly done without a local warrant. He also claimed the police did not knock and announce their presence before breaking down a door in the home.
Latah County Prosecutor Bill Thompson claimed there were three valid local warrants leading to that search.
Hippler added that police often do not knock and announce themselves in order to protect their own safety and to prevent the suspect from destroying evidence.
On Thursday, the parties argued over the legitimacy of evidence coming from DNA, witness statements, cell tower data and Kohberger’s vehicle.
Kohberger’s attorneys are trying to suppress this evidence and convince Hippler to order a Franks hearing, which is held when there is suspicion that police gave false information to attain a search warrant.
Hippler did not make a decision during Friday’s hearing, but will issue a written order on whether to suppress the evidence at a later time.
Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He could face the death penalty if convicted. His trial is scheduled to start in August.
Kuipers can be reached at akuipers@dnews.com.
