True! True!No surprise -- the defendant entered illegally too! Venezuela loves USA for the drop in their crime rate.
Suspect in murder of Georgia nursing student entered U.S. illegally, ICE says
The suspect in the murder of Georgia nursing student Laken Hope Riley entered the U.S. illegally from Venezuela, officials said Sunday.www.cbsnews.com
I'll bet he is asking to suppress that evidence. I realize he's used to living in an illegal manner and without consequences, but is there any LEGAL reason that the evidence would be suppressed?! May justice be swift!More information on the evidence that the prosecution has against Ibarra and that the defense wants supressed according to a motion the defense recently filed -
Specifically, Ibarra is asking to suppress "(a) two cellular devices believed by the State to belong to Defendant and the information contained within them; (b) genetic and physical information taken from the person of Defendant; (c) the contents of Defendant’s social media accounts, which include Snapchat, TikTok, Facebook, and Instagram; and (d) location data obtained from Google, Inc. In support of this motion," a court document filed on Thursday reads.
The defense is also asking to exclude testimony related to the results of DNA testing of DNA found on Laken Riley's body -
In addition to his request to suppress evidence, Ibarra is also asking to exclude testimony from a witness who performed DNA testing during Riley's autopsy, alleging that the results "did not exclude Defendant, but also did not exclude another known individual associated with the case."
Laken Riley murder: Illegal immigrant suspect in Georgia college student slaying asks to hide certain evidence
Jose Ibarra, the suspect charged in the February murder of Augusta University nursing student Laken Riley, is asking to suppress cellphone, DNA and social media evidence.www.yahoo.com
My understanding is that LE didn't get a search warrant, they were worried that evidence would be destroyed so they just went into the apartment without a search warrant.
I'm pretty sure that they have solid DNA evidence from the scene. moo
I wonder if any of the defendant's communication devices had been provided to him by the government ? If so, would that have any impact on the legal analysis re: admissibility of evidence they contain?
More information on the evidence that the prosecution has against Ibarra and that the defense wants supressed according to a motion the defense recently filed -
Specifically, Ibarra is asking to suppress "(a) two cellular devices believed by the State to belong to Defendant and the information contained within them; (b) genetic and physical information taken from the person of Defendant; (c) the contents of Defendant’s social media accounts, which include Snapchat, TikTok, Facebook, and Instagram; and (d) location data obtained from Google, Inc. In support of this motion," a court document filed on Thursday reads.
The defense is also asking to exclude testimony related to the results of DNA testing of DNA found on Laken Riley's body -
In addition to his request to suppress evidence, Ibarra is also asking to exclude testimony from a witness who performed DNA testing during Riley's autopsy, alleging that the results "did not exclude Defendant, but also did not exclude another known individual associated with the case."
Laken Riley murder: Illegal immigrant suspect in Georgia college student slaying asks to hide certain evidence
Jose Ibarra, the suspect charged in the February murder of Augusta University nursing student Laken Riley, is asking to suppress cellphone, DNA and social media evidence.
Personally I'm not sure the requests are so bogus. Since the evidence was obtained without a search warrant, it was not at all surprising to me to see those requests. I may be wrong but I'd think under those circumstances any competent defense attorney would file motions to exclude. Hopefully LE had its ducks in a row before entering without a warrant and the requests won't succeed. But there is always considerable risk of exclusion when evidence is obtained without a warrant. Fortunately there is other evidence not covered by these requests.
Yes, all that's true. But there is a need to be able to document that exigent circumstances actually existed. It's ALWAYS possible for LE to murmur "exigent circumstances" and if that's all it took to avoid getting a search warrant, there would be no limits on police power. So the defense filing a motion when no warrant was obtained was expected and IMO isn't bogus.
