August 10, 2025 • 13 mins
In Ada County Case No. CR01-24-31665, Defendant Bryan Kohberger filed motions to suppress evidence obtained through search warrants directed at AT&T, Google, USB devices, Apple, and Amazon. The defense argued that these warrants were invalid, alleging they were based on information gathered through unconstitutional methods, including the use of Investigative Genetic Genealogy (IGG), and that the affidavits supporting the warrants contained intentional or reckless omissions of material facts. They contended that the evidence obtained from these warrants violated Kohberger's Fourth Amendment rights and should therefore be excluded from trial.
However, the court denied these suppression motions, ruling that the search warrants were lawfully issued and executed. The judge found that the affidavits provided sufficient probable cause and that the methods employed, including the use of IGG, did not violate constitutional protections. Additionally, the court determined that there was no evidence of intentional or reckless falsehoods or omissions in the affidavits that would warrant a Franks hearing. As a result, the evidence obtained from AT&T, Google, USB devices, Apple, and Amazon remains admissible in the proceedings against Kohberger
to contact me:
bobbycapucci@protonmail.com
source:
021925-Order-Defedants-Motions-Suppress-ATT-Google-USB-Apple-Amazon.pdf
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
However, the court denied these suppression motions, ruling that the search warrants were lawfully issued and executed. The judge found that the affidavits provided sufficient probable cause and that the methods employed, including the use of IGG, did not violate constitutional protections. Additionally, the court determined that there was no evidence of intentional or reckless falsehoods or omissions in the affidavits that would warrant a Franks hearing. As a result, the evidence obtained from AT&T, Google, USB devices, Apple, and Amazon remains admissible in the proceedings against Kohberger
to contact me:
bobbycapucci@protonmail.com
source:
021925-Order-Defedants-Motions-Suppress-ATT-Google-USB-Apple-Amazon.pdf
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
What's up everyone, and welcome back to the program. In
this episode, we're getting right back to Judge Hibbler resorder.
In regards to the digital warrants that were issued in
the Brian Colberger investigation, see Google Warrants. Detective Malory applied
for and was issued three different warrants to Google Incorporated
(00:21):
between January third, twenty twenty three and February twenty fourth,
twenty twenty three. Each of the three warrants began with
the following language, Lawrence Mallory having given me proof upon
oath this day showing probable cause establishing grounds for issuing
a search warrant, and there is probable cause to believe
that the property referred to and sought in or upon
(00:43):
said premises consists of information related to the investigation into
the crime of homicide at eleven twenty two King Road, Moscow, Idaho,
on the Google account of Brian C. Coberger. Each warrant
requested information in connection with email accounts, phone numbers, and
international mobile equipment identifier that the investigation had revealed were
(01:05):
associated with defendant. The Google warrant issued January third, twenty
twenty three, Google Warrant one requested business records and subscriber
information in connection with Brian Christopher nineteen ninety four at
gmail dot com, plus two phone numbers and an Imei number.
The Google warrant issued January twenty fourth, twenty twenty four.
(01:27):
Google Warran two requested business records and subscriber information in
connection with an email address A vewsi r N EIGHM
at gmail dot com. The Google warrant issued February twenty fourth,
twenty twenty three. Google Warrant three requested data in connection
(01:48):
with all Gmail accounts linked by recovery email cookie, Android
ID creation IP or a phone number associated with all
the accounts listed in Google Warrants one and two, as
well as BK five seven eighty one at Dsallis Edu.
Each of the three warrants were temporarily limited to January first,
(02:09):
twenty twenty one, through December thirtieth, twenty twenty two. In addition,
all three warrants listed the following sixteen specific items to
seize Google account subscriber information as defined in US Code eighteen,
Section twenty seven three C two. Google account recent activity
logs and connected devices, Google email messages, Gmail, including drafts,
(02:32):
and those in the trash, Google pay account information and transactions, calendar, calendar, events, contacts, people,
contact files, photos, photos, videos and albums and associated metadata,
drive documents, spreadsheets, presentations and files and associated metadata, keep
(02:52):
titles and the notes, hangouts and chats, messages including attachments
such as photos, location history, location data and deletion records,
My activity, searches and browsing history, including activity from web
and app activity. Google Assistant and Google Home, Google Voice,
Google Voice information including Google Voice, basic subscriber information, call logs,
(03:16):
forwarding number, text messages and voicemails, YouTube registration, email, channel id,
display name, ip logs and account registration information. Android records
for Android devices to include subscriber information, other associated accounts,
cellular carrier information and device hardware information. Google Play, Google
(03:38):
Play purchases made, and Google Play applications downloaded. These warrants
were each supported by search warrant affidavids executed by Detective maure.
In these affidavids, Detective Mauor set forth the statement describing
in detail the scope and results of the investigation to date,
how the accounts and phone numbers identified in each warrant
were discovered, and how they were connected to defendant. He
(04:02):
also included a detailed explanation as to how Google works
and why each of the sixteen items listed in the
warrants could be relevant to the investigation. Upon receiving each
Google warrant, Detective Mallori served it on Google electronically through
its law enforcement portal. As was his practice, Detective Mallory
did not serve his search warrant Affidavid in addition to
(04:24):
each warrant. The returns for each Google warrant were submitted
to law enforcement as digital file available through Google's Law
enforcement portal. Detective Pain downloaded each return upon receipt, after
which he prepared a receipt an inventory of warrant. Detective
Mallori then reviewed the downloaded material to ensure it contained
(04:45):
information for the correct accounts identified in the warrants, before
disseminating the returns to other investigators in the command team
to process. Each member of the team had access to
the search warrant affidavid supporting the respective warrant. Thus, in
processing the return of the three Google warrants, the reviewing
investigator was able to refer to the particular search warrant
(05:05):
Affidavid d USB search warrant after the content of defendant
Cell phone was copied onto the USB drive, but not
reviewed by the FBI. The USB was sent to Detective Mallory,
who stored it in the forensic lab at the Moscow
Police Department. Detective Mallory then applied for a warrant to
search the contents of the USB. In his search warrant Affidavid,
(05:29):
Detective Mallory set forth in detail the circumstances of the crime,
the investigation to date, and his probable cause to suspect
defendant cell phone contained evidence of the homicides ced defendants
Exhibit A to USB motion. A warrant was issued that stated,
in pertinent part, Lawrence Mallory having given me proof upon
(05:50):
oath this day showing probable cause, establishing grounds for issuing
a search warrant and probable cause to believe property consisting
of a Seagate two tb EV external USB drive with
serial number NA eight seven T one GN for evidence
regarding the investigation into the crimes of homicide of Madison Mogan,
(06:12):
Kaylee gonslves Xana Kernodle, and Ethan Chapin at eleven twenty
two King Roade, Moscow, Idaho, including data compilations relating to
or containing information indicating suggesting or related to violence, a fight,
or motive hostility for any of the same to include,
without limitation, ledgers, papers, lists, books, notes, letters, calendars, diaries, tapes, photographs, audio, videos,
(06:36):
or other media or similar documents or items. Computer and
communication devices capable of storing electronic data, other electronic storage
devices in media and access to contents of all of
the above. Records of communications, written text communications including emails,
SMS messages, MMS messages, and other communications, including but not
(06:59):
limit two, third party applications such as Kick, WhatsApp, Facebook, Instagram,
contact stored location information location information stored in any cloud
account associated with the phone. If set account credentials can
be obtained from the forensic image of the phone, Internet history, bookmarks,
and or associated cloud accounts, written and audio, recorded notes,
(07:23):
or any cloud account associated with the device. Indication of
residency in, or ownership or possession of the premises and
any of the above items located in or upon the
following describe premises located in Leyta County, state of Idaho.
The Moscow Police Department is located at one fifty five
South View in Moscow, Idaho. The forensic lab is located
(07:46):
on the second floor of the Moscow Police Department. You
are therefore commanded to search the above describe premises for
the property described above, to seize it if found, and
bring it promptly before the court above named. The USB
warrant was served by Detective Mallory in person at the
forensic lab. He then obtained the USB and prepared the
(08:07):
inventory documenting his seizure of the USB and Brian Colberger's
phone data. He submitted the return to the magistrate, who
in a subsequent order authorized the property to be delivered
to any person or laboratory or laboratories for the purpose
of conducting or obtaining any tests, analysis, or identification of
set property. The data on the USB was subsequently processed
(08:31):
by other investigators on the team, all of whom had
access to Detective Mawori's supporting search warrant. After David E.
Apple subpoena and search warrant, the FBI served a federal
grand jury subpoena upon Apple honor about January twelfth, twenty
twenty three. Apple responded on January twenty seventh, twenty twenty three,
(08:51):
by providing subscriber information for two Apple accounts associated with
the defendant b. Coburger at Spartan Noorthampton dot edu, which
Apple indicated was active, and Wi Fi Army owns You
at Yahoo dot com, which Apple indicated was locked. See
State's example as forward to Apple's objection. Both accounts were
(09:13):
created on October seventh, twenty sixteen. The subscriber information provided
by Apple also revealed the active account had last been
accessed on December twentieth, twenty twenty two, just days before
defendants arrest Honor. About April sixth, twenty twenty three, the
FBI issued a preservation request to Apple for these two accounts.
(09:34):
The FBI shared the information received from Apple and the
subpoeno with Detective Pain and Maori. On August first, twenty
twenty three, Detective Pain applied for a search warrant for
all Apple accounts and associated or linked accounts associated with
the two aboved identified Apple accounts from October seventh, twenty sixteen,
to the date of defendants arrest. His search warrant Affidavid
(09:58):
discussed in detail the circumstances of the crime, the results
of the investigation to date, and why defendant was arrested
and charged. Detective Pain also conveyed that defendant was seeking
an advanced degree in criminology and had studied cloud based
forensics prior to the crimes. The affid David discussed how
defendant had attempted to conceal his location during the period
(10:20):
immediately before and after the crime was committed. Detective Pain
also included a detailed explanation about the type of information
Apple captures and maintains from users of Apple accounts, and
that he believes the information sought from Apple would have
provided information concerning Colberger's plans, thought process, research, locations, photos,
(10:41):
or other pertinent information stored on his Apple account, including
his iCloud account. A search warrant for Apple was issued
the same day, sees State Exhibit S two to Apple Objection.
Apple warrant it stated, in relevant part, Corporal Brett Pain
having given me proof upon oath this day showing probbable
cause establishing grounds for issuing a search warrant, and probable
(11:04):
cause to believe property consisting of there as probable cause
to believe that the property referred to and sought in
or upon such premises consists of information related to the
investigation into burglary and or homicides. As eleven twenty two
King Road in Moscow, Idaho, honor about November thirteenth, twenty
twenty two on the Apple account of iCloud accounts associated
(11:26):
with the following identifiers B Coburger at Spartan and Wi
Fi Army owns You at Yahoo dot com. The Apple
warrants set out nine categories of information sought by Detective
Pain and as Affidavid as summarized one account identification records,
two records regarding devices associated with the accounts, three contents
(11:48):
of email associated with the accounts, four contents of ims
associated with the accounts, five the contents of stored iCloud files,
six activity connections and transactional laws ugs for the accounts,
seven locations where the accounts were accessed, eight records pertaining
to the types of service used, and nine information necessary
(12:08):
to decrypt any data other than its reference to the
data of the crime being investigated. The Apple warrant was
not temporally limited. The Apple warrant was served electronically by
Detective Pain through Apple's law enforcement email portal. As is
his practice, he did not include his search warrant after David.
When serving the Apple warrant. Approximately one week later, Detective
(12:30):
Pain and Maori downloaded the return provided by Apple and
prepared and filed an inventory of the return with the magistrate. Subsequently,
the Magistrate issued an order allowing for the returned information
to be delivered to any person or laboratory or laboratories
for the purpose of conducting or obtaining any tests, analysis,
or identification of set property which is deemed necessary by
(12:53):
the custodial law enforcement agency or jurisdictional prosecuting attorney without
further order of this court. Detective Pain disseminated the returned
information to other members of the investigative teams for processing,
namely Detective Maori and Special Agent Nicholas Balance. Both of
these individuals had access to Detective pain search warrant AFFID
(13:13):
David in support of the Apple warrant. All right, we're
going to wrap up right here, and then the next
episode dealing with the topic, we're gonna pick up with
f Amazon subpoena and search warrant. All of the information
that goes with this episode can be found in the
description box.
What's up everyone, and welcome back to the program. In
this episode, we're getting right back to Judge Hibbler resorder.
In regards to the digital warrants that were issued in
the Brian Colberger investigation, see Google Warrants. Detective Malory applied
for and was issued three different warrants to Google Incorporated
(00:21):
between January third, twenty twenty three and February twenty fourth,
twenty twenty three. Each of the three warrants began with
the following language, Lawrence Mallory having given me proof upon
oath this day showing probable cause establishing grounds for issuing
a search warrant, and there is probable cause to believe
that the property referred to and sought in or upon
(00:43):
said premises consists of information related to the investigation into
the crime of homicide at eleven twenty two King Road, Moscow, Idaho,
on the Google account of Brian C. Coberger. Each warrant
requested information in connection with email accounts, phone numbers, and
international mobile equipment identifier that the investigation had revealed were
(01:05):
associated with defendant. The Google warrant issued January third, twenty
twenty three, Google Warrant one requested business records and subscriber
information in connection with Brian Christopher nineteen ninety four at
gmail dot com, plus two phone numbers and an Imei number.
The Google warrant issued January twenty fourth, twenty twenty four.
(01:27):
Google Warran two requested business records and subscriber information in
connection with an email address A vewsi r N EIGHM
at gmail dot com. The Google warrant issued February twenty fourth,
twenty twenty three. Google Warrant three requested data in connection
(01:48):
with all Gmail accounts linked by recovery email cookie, Android
ID creation IP or a phone number associated with all
the accounts listed in Google Warrants one and two, as
well as BK five seven eighty one at Dsallis Edu.
Each of the three warrants were temporarily limited to January first,
(02:09):
twenty twenty one, through December thirtieth, twenty twenty two. In addition,
all three warrants listed the following sixteen specific items to
seize Google account subscriber information as defined in US Code eighteen,
Section twenty seven three C two. Google account recent activity
logs and connected devices, Google email messages, Gmail, including drafts,
(02:32):
and those in the trash, Google pay account information and transactions, calendar, calendar, events, contacts, people,
contact files, photos, photos, videos and albums and associated metadata,
drive documents, spreadsheets, presentations and files and associated metadata, keep
(02:52):
titles and the notes, hangouts and chats, messages including attachments
such as photos, location history, location data and deletion records,
My activity, searches and browsing history, including activity from web
and app activity. Google Assistant and Google Home, Google Voice,
Google Voice information including Google Voice, basic subscriber information, call logs,
(03:16):
forwarding number, text messages and voicemails, YouTube registration, email, channel id,
display name, ip logs and account registration information. Android records
for Android devices to include subscriber information, other associated accounts,
cellular carrier information and device hardware information. Google Play, Google
(03:38):
Play purchases made, and Google Play applications downloaded. These warrants
were each supported by search warrant affidavids executed by Detective maure.
In these affidavids, Detective Mauor set forth the statement describing
in detail the scope and results of the investigation to date,
how the accounts and phone numbers identified in each warrant
were discovered, and how they were connected to defendant. He
(04:02):
also included a detailed explanation as to how Google works
and why each of the sixteen items listed in the
warrants could be relevant to the investigation. Upon receiving each
Google warrant, Detective Mallori served it on Google electronically through
its law enforcement portal. As was his practice, Detective Mallory
did not serve his search warrant Affidavid in addition to
(04:24):
each warrant. The returns for each Google warrant were submitted
to law enforcement as digital file available through Google's Law
enforcement portal. Detective Pain downloaded each return upon receipt, after
which he prepared a receipt an inventory of warrant. Detective
Mallori then reviewed the downloaded material to ensure it contained
(04:45):
information for the correct accounts identified in the warrants, before
disseminating the returns to other investigators in the command team
to process. Each member of the team had access to
the search warrant affidavid supporting the respective warrant. Thus, in
processing the return of the three Google warrants, the reviewing
investigator was able to refer to the particular search warrant
(05:05):
Affidavid d USB search warrant after the content of defendant
Cell phone was copied onto the USB drive, but not
reviewed by the FBI. The USB was sent to Detective Mallory,
who stored it in the forensic lab at the Moscow
Police Department. Detective Mallory then applied for a warrant to
search the contents of the USB. In his search warrant Affidavid,
(05:29):
Detective Mallory set forth in detail the circumstances of the crime,
the investigation to date, and his probable cause to suspect
defendant cell phone contained evidence of the homicides ced defendants
Exhibit A to USB motion. A warrant was issued that stated,
in pertinent part, Lawrence Mallory having given me proof upon
(05:50):
oath this day showing probable cause, establishing grounds for issuing
a search warrant and probable cause to believe property consisting
of a Seagate two tb EV external USB drive with
serial number NA eight seven T one GN for evidence
regarding the investigation into the crimes of homicide of Madison Mogan,
(06:12):
Kaylee gonslves Xana Kernodle, and Ethan Chapin at eleven twenty
two King Roade, Moscow, Idaho, including data compilations relating to
or containing information indicating suggesting or related to violence, a fight,
or motive hostility for any of the same to include,
without limitation, ledgers, papers, lists, books, notes, letters, calendars, diaries, tapes, photographs, audio, videos,
(06:36):
or other media or similar documents or items. Computer and
communication devices capable of storing electronic data, other electronic storage
devices in media and access to contents of all of
the above. Records of communications, written text communications including emails,
SMS messages, MMS messages, and other communications, including but not
(06:59):
limit two, third party applications such as Kick, WhatsApp, Facebook, Instagram,
contact stored location information location information stored in any cloud
account associated with the phone. If set account credentials can
be obtained from the forensic image of the phone, Internet history, bookmarks,
and or associated cloud accounts, written and audio, recorded notes,
(07:23):
or any cloud account associated with the device. Indication of
residency in, or ownership or possession of the premises and
any of the above items located in or upon the
following describe premises located in Leyta County, state of Idaho.
The Moscow Police Department is located at one fifty five
South View in Moscow, Idaho. The forensic lab is located
(07:46):
on the second floor of the Moscow Police Department. You
are therefore commanded to search the above describe premises for
the property described above, to seize it if found, and
bring it promptly before the court above named. The USB
warrant was served by Detective Mallory in person at the
forensic lab. He then obtained the USB and prepared the
(08:07):
inventory documenting his seizure of the USB and Brian Colberger's
phone data. He submitted the return to the magistrate, who
in a subsequent order authorized the property to be delivered
to any person or laboratory or laboratories for the purpose
of conducting or obtaining any tests, analysis, or identification of
set property. The data on the USB was subsequently processed
(08:31):
by other investigators on the team, all of whom had
access to Detective Mawori's supporting search warrant. After David E.
Apple subpoena and search warrant, the FBI served a federal
grand jury subpoena upon Apple honor about January twelfth, twenty
twenty three. Apple responded on January twenty seventh, twenty twenty three,
(08:51):
by providing subscriber information for two Apple accounts associated with
the defendant b. Coburger at Spartan Noorthampton dot edu, which
Apple indicated was active, and Wi Fi Army owns You
at Yahoo dot com, which Apple indicated was locked. See
State's example as forward to Apple's objection. Both accounts were
(09:13):
created on October seventh, twenty sixteen. The subscriber information provided
by Apple also revealed the active account had last been
accessed on December twentieth, twenty twenty two, just days before
defendants arrest Honor. About April sixth, twenty twenty three, the
FBI issued a preservation request to Apple for these two accounts.
(09:34):
The FBI shared the information received from Apple and the
subpoeno with Detective Pain and Maori. On August first, twenty
twenty three, Detective Pain applied for a search warrant for
all Apple accounts and associated or linked accounts associated with
the two aboved identified Apple accounts from October seventh, twenty sixteen,
to the date of defendants arrest. His search warrant Affidavid
(09:58):
discussed in detail the circumstances of the crime, the results
of the investigation to date, and why defendant was arrested
and charged. Detective Pain also conveyed that defendant was seeking
an advanced degree in criminology and had studied cloud based
forensics prior to the crimes. The affid David discussed how
defendant had attempted to conceal his location during the period
(10:20):
immediately before and after the crime was committed. Detective Pain
also included a detailed explanation about the type of information
Apple captures and maintains from users of Apple accounts, and
that he believes the information sought from Apple would have
provided information concerning Colberger's plans, thought process, research, locations, photos,
(10:41):
or other pertinent information stored on his Apple account, including
his iCloud account. A search warrant for Apple was issued
the same day, sees State Exhibit S two to Apple Objection.
Apple warrant it stated, in relevant part, Corporal Brett Pain
having given me proof upon oath this day showing probbable
cause establishing grounds for issuing a search warrant, and probable
(11:04):
cause to believe property consisting of there as probable cause
to believe that the property referred to and sought in
or upon such premises consists of information related to the
investigation into burglary and or homicides. As eleven twenty two
King Road in Moscow, Idaho, honor about November thirteenth, twenty
twenty two on the Apple account of iCloud accounts associated
(11:26):
with the following identifiers B Coburger at Spartan and Wi
Fi Army owns You at Yahoo dot com. The Apple
warrants set out nine categories of information sought by Detective
Pain and as Affidavid as summarized one account identification records,
two records regarding devices associated with the accounts, three contents
(11:48):
of email associated with the accounts, four contents of ims
associated with the accounts, five the contents of stored iCloud files,
six activity connections and transactional laws ugs for the accounts,
seven locations where the accounts were accessed, eight records pertaining
to the types of service used, and nine information necessary
(12:08):
to decrypt any data other than its reference to the
data of the crime being investigated. The Apple warrant was
not temporally limited. The Apple warrant was served electronically by
Detective Pain through Apple's law enforcement email portal. As is
his practice, he did not include his search warrant after David.
When serving the Apple warrant. Approximately one week later, Detective
(12:30):
Pain and Maori downloaded the return provided by Apple and
prepared and filed an inventory of the return with the magistrate. Subsequently,
the Magistrate issued an order allowing for the returned information
to be delivered to any person or laboratory or laboratories
for the purpose of conducting or obtaining any tests, analysis,
or identification of set property which is deemed necessary by
(12:53):
the custodial law enforcement agency or jurisdictional prosecuting attorney without
further order of this court. Detective Pain disseminated the returned
information to other members of the investigative teams for processing,
namely Detective Maori and Special Agent Nicholas Balance. Both of
these individuals had access to Detective pain search warrant AFFID
(13:13):
David in support of the Apple warrant. All right, we're
going to wrap up right here, and then the next
episode dealing with the topic, we're gonna pick up with
f Amazon subpoena and search warrant. All of the information
that goes with this episode can be found in the
description box.
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