BOISE, Idaho – Attorneys representing the man accused of killing four University of Idaho students want a hearing in court to determine if police lied to obtain a search warrant in his case. They’re also asking the judge to throw out much of the evidence obtained in the case.
Attorneys filed a motion for a Franks hearing. A Franks hearing is held to determine if a police officer lied or misled a judge in order to obtain a search warrant.
In the filing, defense attorney Anne Taylor says the hearing is requested pursuant to the fourth amendment, which protects people from unlawful search and seizure.
Kohberger faces the death penalty if convicted of killing Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle in November 2022.
An affidavit for his arrest shows police found a knife sheath next to the body of Madison Mogen.
DNA found on that sheath was used, through a genetic genealogy website, to identify Kohberger as a possible suspect.
Police used that information to link him to the murders, coupled with the fact Kohberger had a white vehicle similar to one captured on video at the scene of the crime.