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Bryan Kohberger's attorneys challenge use of evidence in U of I murder case

Kohberger's defense team argues evidence was "illegally gathered"
Bryan Kohberger
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ADA COUNTY, Idaho — The attorneys for Bryan Kohberger, the man accused of killing four University of Idaho students in 2022, submitted an array of motions on Thursday to suppress evidence in the case ranging from cell phone data to statements made by Kohberger after his arrest in Pennsylvania.

The documents were filed on the November 14 deadline, after Judge Steven Hippler denied their request to extend the deadline.

WATCH BELOW: Bryan Kohberger's attorneys argue motions to strike death penalty

Kohberger death penalty hearing

The defense wants the court to suppress any evidence obtained by police during and after his arrest in Pennsylvania, arguing the warrant "lacked probable cause as written, given its heavy reliance on conclusions reached by law enforcement without the details necessary for the magistrate to draw its own conclusions."

Kohberger's attorneys are also trying to dispute law enforcement's use of Kohberger's genetic evidence, claiming it was "illegally gathered." The defense also claims that the warrants used to gather evidence, including for Kohberger's car, home, cell phone and more, were invalid.

"Without [investigative genetic genealogy] IGG, there is no case, no request for his phone records, surveillance of his parents’ home, no DNA taken from the garbage on his driveway, in a gated community, under a garbage collection ordinance. Because the IGG analysis is the origin of this matter, everything in the affidavit should be excised," they argued.

Details on all of the motions can be found here.

"Mr. Kohberger requests this Court to suppress all evidence obtained by police via the warrant that permitted them to search his parents' home," the defense wrote in one of the motions. "Law enforcement failed to knock and announce before raiding the home, and the warrant lacked probable cause as written, given its heavy reliance on conclusions reached by law enforcement without the details necessary for the magistrate to draw its own conclusions [...] Any statements made by Mr. Kohberger are the fruit of the poisonous tree of the illegal arrest."

The documents allege Kohberger was zip-tied after a no-knock warrant was served at his parents' home in Pennsylvania, and was then surrounded by police at gunpoint.

"Law enforcement did not mirandize him immediately. Instead, they waited until after he was transported in a police car, handcuffed, with at least two officers in the car," the defense argued.

The state has until Dec. 6 to respond to Kohberger's motions, then the defense has until Dec. 20 to respond. A hearing on the discovery motions is scheduled for Jan. 23, 2025, in Ada County.

RELATED: Trial date set for University of Idaho student murder suspect Bryan Kohberger

Kohberger appeared in court earlier this month as his defense team argued motions to strike the death penalty from the case. The judge has not yet released his decision.