Bryan Kohberger's Motion To Exclude Evidence Seized From His Parents Home (Part 2)

Beyond The Horizon

​In the case identified as CR01-24-31665, defendant Bryan Kohberger has filed a motion to suppress evidence obtained from the execution of a Pennsylvania search warrant at 119 Lamsden Drive, Albrightsville, PA, as well as statements he made during that operation. Kohberger's defense argues that the search warrant was invalid due to alleged reckless or intentional omissions of material facts in the supporting affidavit. They contend that these omissions led to a lack of probable cause, rendering the search unconstitutional. Additionally, the defense asserts that law enforcement's failure to properly "knock and announce" their presence violated Kohberger's Fourth Amendment rights, and that any statements he made during the search should be suppressed as they were obtained without a Miranda warning
In response, the State maintains that the search was conducted under a valid warrant issued by a Pennsylvania court, based on substantial probable cause. They argue that the affidavit supporting the warrant was sufficient and did not omit any material information that would invalidate the warrant. The State also contends that the "knock and announce" procedure was appropriately followed, and that Kohberger's statements during the search were either spontaneous or made after he was informed of his rights, thereby complying with legal requirements. Consequently, the State requests that the court deny Kohberger's motion to suppress the evidence obtained from the search at 119 Lamsden Drive and his subsequent statements.
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source:
111424-REDACTED-Motion-Supress-Memorandum-Support-Lamsden-Statements.pdf