4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #97

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Thank you for the clarification. Yes, a person does NOT need to be aware that they are stalked for it to happen. Actress Rebecca Shaeffer was stalked and killed by a crazed fan. He had written her letters, but she did not realize that he was stalking her.

Exactly. There are many cases in which the victim was not aware they were being stalked. After they either are murdered or injured, the assailant is charged with stalking. As you said, this is exactly what happened with Rebecca Schaeffer (can't believe I forgot about that one!). There was another 80s or 90s celebrity this happened to as well, but I can't remember who.
 
Exactly. There are many cases in which the victim was not aware they were being stalked. After they either are murdered or injured, the assailant is charged with stalking. As you said, this is exactly what happened with Rebecca Schaeffer (can't believe I forgot about that one!). There was another 80s or 90s celebrity this happened to as well, but I can't remember who.
Jodi Foster!! John Hinckley Jr. - Wikipedia.
 
The father's DNA from the trash was allegedly compared to the IGG to identify the family line and STR profile.
RSBMFF

This is incorrect Imo.

The DNA extracted from the PA trash was compared with the single source male suspect sample on the sheathe button not the IGG. What that comparison showed was that the depositor of the trash DNA was statistically extremely likely (99.9998% or similar) to be the father of the person who left the DNA on the sheathe. BK's father was the depositor of the trash DNA.

Details of this DNA test were included in the ID arrest affidavit and have nothing to do with the IGG. The test was completed by the Idaho State Lab on 28th Dec 2022 If remembering correctly, the day after the trash was sequestered from the PA bin.

P18.
 
RSBMFF

BK was arrested in Pennsylvania with the appropriate and legal warrant imo (see link to PA presser I just posted immediately upthread, Speaker no. 2; No insinuations just statements of the facts around BK's arrest).

Mr Logsden's wording in that section of this MTS insinuates there was no lawful warrant, but stops short of staying so outright. He maybe does that kind of thing in his motions out of habit? Because I can't see what defense gains by such blatant misleading. Just wow. Section 42 (Fugitive of Justice Warrant) etc of relevant Pennsylvania law was complied with. Also note the PA authorities state the appropriate affidavits for said warrant were sealed at that time to protect defendant's constitutional right to fair trial.Moo
MTS Arrest Facts

On December 29, 2022, at 4:44 PM EDT (1:44 PDT), a Magistrate in Pennsylvania issued a search warrant for 119 Lamsden Dr., Chestnut Hill Twp., Monroe County, the home of Mr. Kohberger’s parents.

On December 29, 2022, at 2:22 PM PDT, the Magistrate in this matter signed an arrest warrant for Mr. Kohberger in Latah County. The affidavit for the warrant was signed by Moscow Police Department Cpl. Payne.

At 2:43 PM PDT on December 29, 2022, a criminal complaint and probable cause order were filed in this matter (this is ID)

On December 30, 2022, at 1:14 AM EDT (10:14 PM PDT), Pennsylvania SWAT raided Mr. Kohberger’s parents’ home. During the raid, law enforcement broke the door of home, held the entire family at gunpoint, and seized Mr. Kohberger

At 4:00 AM EDT on December 30, 2023, Pennsylvania State Police filed a criminal complaint against Mr. Kohberger. (this is a request for arrest or summons issue PA (page 3), arrest prior to requisition, approved by the attorney for the commonwealth (page1).

Affidavit in this request (page4): says BK was taken into custody based on an active Idaho arrest warrant.
1736050375185.png

§ 9134. Arrest prior to requisition.

Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other state, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime) with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or issuing authority in this Commonwealth, setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 9127, has fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole and is believed to be in this Commonwealth, the judge or issuing authority shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein wherever he may be found in this Commonwealth and to bring him before the same or any other judge or issuing authority who or which may be available in, or convenient of, access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.



PA search warrants/criminal complaint

JMO
ETA or summons to request for arrest PA
 
MTS Arrest Facts

On December 29, 2022, at 4:44 PM EDT (1:44 PDT), a Magistrate in Pennsylvania issued a search warrant for 119 Lamsden Dr., Chestnut Hill Twp., Monroe County, the home of Mr. Kohberger’s parents.

On December 29, 2022, at 2:22 PM PDT, the Magistrate in this matter signed an arrest warrant for Mr. Kohberger in Latah County. The affidavit for the warrant was signed by Moscow Police Department Cpl. Payne.

At 2:43 PM PDT on December 29, 2022, a criminal complaint and probable cause order were filed in this matter (this is ID)

On December 30, 2022, at 1:14 AM EDT (10:14 PM PDT), Pennsylvania SWAT raided Mr. Kohberger’s parents’ home. During the raid, law enforcement broke the door of home, held the entire family at gunpoint, and seized Mr. Kohberger

At 4:00 AM EDT on December 30, 2023, Pennsylvania State Police filed a criminal complaint against Mr. Kohberger. (this is a request for arrest or summons issue PA (page 3), arrest prior to requisition, approved by the attorney for the commonwealth (page1).

Affidavit in this request (page4): says BK was taken into custody based on an active Idaho arrest warrant.
View attachment 555818

§ 9134. Arrest prior to requisition.

Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other state, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime) with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or issuing authority in this Commonwealth, setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 9127, has fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole and is believed to be in this Commonwealth, the judge or issuing authority shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein wherever he may be found in this Commonwealth and to bring him before the same or any other judge or issuing authority who or which may be available in, or convenient of, access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.



PA search warrants/criminal complaint

JMO
ETA or summons to request for arrest PA
Thanks. Could you be clearer on what your interpretation is of Logsden's argument,? I cannot access the criminal complaint doc attributed to PA. There was a fugitive from justice warrant that was executed. Is it attached to this MTS or not? So in summary is it your interpretation Logsden is arguing BK was not arrested at 4am on the basis of that FFJ warrant? Noting the premises search warrant and FFJ warrant are separate warrants serving separate purposes. Is it assumed the PA authorities mislead in their presser or is Logsden saying there was a technical mishap and FFJ warrant was not issued soon enough.? Moo

ETA seems he was taken into custody then arrested on the basis of the FFJ warrant?. So I guess it's a technicality of sorts but here's hoping it's not so serious as to render the arrest null and void. I hope not but not a lawyer. I'm sure State's response will outline the process.
 
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"(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member."

The word "would" instead of the word "did" is significantly important. The meaning is in the language.

MOO.
You're not reading the language as I am, at all. I've agreed to disagree with your interpretation, because as I've stated before I don't find it logical. MO
 
I've have a question. The wording by the defense...BBM


"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."


First, why is the magistate being described as an "it" by the defense? A magistrate is an individual, a person not a thing or organization.

And then, why does the defense feel they have the right to decide what a magistrate needs to draw their own conclusions? If the magistrate felt there was an inefficiency placed before them, they wouldn't have ruled/signed until they were satisfied, no?

 
Snipped by me--to clarify--the court has not said that there was unlawful use of IGG.
JMO
My post did not say there was. I am only describing the allegations put forth in the docs by the defense. Again, we await Judge Hippler's interpretation of the information.
 
I, too, was a bit perplexed on this matter. Respectfully, IANAL, but it appears the operating element is only someone exhibiting or engaging in conduct such that it cause fear….. to a reasonable person. And IIUC that means the target of it need not be aware. They need not be in fear; but rather, if later made aware of the conditions how might they react.

Citing the apparent statute from post #853 of @sunshineray as to the actions of the offender:

(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or

(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member."

Of course none of this takes into account what or how an attorney or counsel might represent something. And IIUC, as there is a gag order in place in this case much will not be evident until court proceedings, evidence, and testimony are given in the case. MOO
Agreed. My guess is, though, they may be looking at what he did in a vacuum removed from the context of the murders. There's nothing alarming to any reasonable person about someone driving down a city block or looking at their social media pages, or an individual's fanasizing or obsessing-- because nobody was aware this fantasizing or obsessing even existed, nobody but the person that ultimately became the murderer, who surely is never going to admit to it because he's insisting he's not the perp (because he doesn't want to face a firing squad). He has in reality murdererd, but he was not previously per se "stalking" in the legal context. Death or injury following behavior like his does not mean death or injury had to follow or was likely to follow such behavior in the mind of a reasonable person. The actions involved are probably too obtuse and removed from a per se stalking charge to stand. In the case mentioned by another poster that mentioned letters, the letters are concrete and may well have been alarming enough in their own right to conjure up a fear of death or physical injury in the mind of a reasonable person at the time. Someone driving down the block or viewing social media pages from a desk likely would not be.

My guess is that the court's doing this to quash ANY suspicion of some reality-based association between a victim and BK because of rumors that had circulated early on.
 
I'm not sure what the defense is actually getting at with their oblique references insinuating the absence of a "local warrant" when BK was arrested in PA, but this is a totally misleading claim imo.

Linked below is detailed Press Conference by PA authorities on the day BK was arrested. The completely credible second speaker details the process by which authorities obtained the completely legal and above board Fugitive from Justice Warrant in order to arrest BK at his parents' home in Pennsylvania on Dec 30th 2022.


If anyone has access to Pennsylvania law courts docs, maybe the Fugitive from Justice warrant which was executed for BK's LAWFUL arrest in PA is available for viewing or maybe it is sealed. I'm unable to access from my location. I tried, before searching for info on BK's arrest and finding this press conference. Moo
RSBM
Thanks so much for linking this video!
So according to PA LE there is a fugitive warrant that was issued.
Shouldn't it be in the Idaho docket system since the case is there and the issuing authority is there?
IMO there are three options. Either Logsdon is straight up lying to the judge about there not being a relevant warrant. This would IMO be very poorly taken by the judge if a fugitive warrant exists and Logsden is just playing with words.
Or is it possible that this fugitive warrant was somehow not uploaded to any docket and not disclosed to the Defense during discovery. Could it be lost? Sounds incredible, but the only way I could imagine Logsden claiming there is no arrest warrant with a straight face would be if it had somehow disappeared and not been shown to the Defense in spite of requests for discovery.
Or does Logsden actually mean that because, in the defense's view, the original Idaho arrest warrant is invalid, then any further warrant that stems from it is invalid? Why not just say that instead of making the colossal claim that there was no PA arrest warrant?
This is all very confusing to me.
MOO.
 
RSBM
Thanks so much for linking this video!
So according to PA LE there is a fugitive warrant that was issued.
Shouldn't it be in the Idaho docket system since the case is there and the issuing authority is there?
IMO there are three options. Either Logsdon is straight up lying to the judge about there not being a relevant warrant. This would IMO be very poorly taken by the judge if a fugitive warrant exists and Logsden is just playing with words.
Or is it possible that this fugitive warrant was somehow not uploaded to any docket and not disclosed to the Defense during discovery. Could it be lost? Sounds incredible, but the only way I could imagine Logsden claiming there is no arrest warrant with a straight face would be if it had somehow disappeared and not been shown to the Defense in spite of requests for discovery.
Or does Logsden actually mean that because, in the defense's view, the original Idaho arrest warrant is invalid, then any further warrant that stems from it is invalid? Why not just say that instead of making the colossal claim that there was no PA arrest warrant?
This is all very confusing to me.
MOO.
Re your questions, jmo none of the above?

The FFJ warrant is on the PA docket along with all the PA search warrant applications and their returns imo. Separate jurisdictions keep their dockets apart. I can't check the PA docket from my location but check @Nila Aela's recent post on this MTS.

I know for certain from participating in previous thread discussions, that PA related warrants for BK ARE NOT on the Idaho docket and moo that is completely normal, so moo nothing to see here.

I think (but can't be sure at this moment) Logsden probably linked the FFJ warrant, and the argument is to do with timing. BK was formerly arrested, the FFJ warrant executed at the cop shop, not at PA residence. The arrest occurred after the execution of the search warrant. Jmo
 
Thank you for the clarification. Yes, a person does NOT need to be aware that they are stalked for it to happen. Actress Rebecca Shaeffer was stalked and killed by a crazed fan. He had written her letters, but she did not realize that he was stalking her.
I get what you're saying here, but they already had the legal "goods," so to speak, on the perp in this situation so they could go back and revisit the perp's behavior in that light. With BK, he's saying he didn't murder anyone and hasn't yet been convicted, so he's of course going to say there was no stalking, and any behavior looking like anything resembling anyone's definition of "stalking" will have some alternative and innocent explanation-- and there was no fantasizing or obsessing. MOO and speculation only, but I think the behaviors he engaged in were too obtuse without the context of murder and hindsight to make a case for legal "stalking" per se, and he is not yet convicted of the murders, so that's why right now, there's no per se "stalking." MOO.
 
I get what you're saying here, but they already had the legal "goods," so to speak, on the perp in this situation so they could go back and revisit the perp's behavior in that light. With BK, he's saying he didn't murder anyone and hasn't yet been convicted, so he's of course going to say there was no stalking, and any behavior looking like anything resembling anyone's definition of "stalking" will have some alternative and innocent explanation-- and there was no fantasizing or obsessing. MOO and speculation only, but I think the behaviors he engaged in were too obtuse without the context of murder and hindsight to make a case for legal "stalking" per se, and he is not yet convicted of the murders, so that's why right now, there's no per se "stalking." MOO.
Perfectly put and agree 100%

ETA it's not of any importance or "telling" that stalking charges weren't laid imo. Whatever stalky/ surveillance type admissible evidence P may have
will/could inform the P's case for murder 1 if it exists. However this potential evidence in a vacuum is insufficient for stalking charges per-se. Am probably beating this dead horse again because I have difficulty articulating the logic. You do it so much better!
 
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Thank you for clarifying @jepop !
I had completely missed the point about the timing in @Nila Aella 's post and hadn't clicked on the links.
So the PA arrest document exists, but was a few hours after the actual arrest... does this mean Logsdon is technically right?
I'm attaching the December 30 PA criminal complaint you kindly pointed me towards.
 

Attachments

I am all for protection from unlawful search - and if the search is unconstitutional evidence has to be tossed even if the defendant is obviously guilty, and even in this case of a quadruple killer - otherwise the prosecution will always be tempted to do unlawful searches.

That said, i don't see the heat here.

Judges are supposed to clutch their pearls that the killers family garbage was raided?

Especially i don't see Judge's agonising about the exact location of garbage bins.

This was good police work and I don't see any constitutional outrage here.

MOO
 
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Yes. There was a buccal swab in PA and a subsequent buccal swab in ID after BK's arrest. The buccal swabs were compared to the STR profile. The father's DNA from the trash was allegedly compared to the IGG to identify the family line and STR profile.

What buccal swab in PA?

BK was identified after being linked to his father's DNA (from the trash) due to his location, physical profile, and vehicle was he not? Have I misunderstood it and that his DNA was already on file?
 
I'm not referring to that, just the arguments about expert bio's and the defense motions to exclude evidence on dubious grounds. It's all boilerplate stuff.

Explain to me why the legal experts aren't going wild over this, and don't share any near the level of concern that you have here?

I've followed other cases where there was legitimate concern, and when there is, we know about it.

I've also followed cases where we get a lot of one sided filings, and people go nuts and develop all sorts of theories around them. When we see the other side, we see that it was the defense just doing their job, and grasping at straws.

I feel in recent years, across many cases, attorney's have begun to veer towards a playing to a conspiratorial or just contrarian audience.

The defendant's right is to a robust defence and the defence attorneys shall make their filings for the judge. Yet increasingly that feels like that isn't the audience.

So sure the defence should make whatever constitutional/process argument they can about garbage seizure etc - but i don't really understand the rising tide of contrarianism over what seems to be standard police work.

MOO
 
Thank you for clarifying @jepop !
I had completely missed the point about the timing in @Nila Aella 's post and hadn't clicked on the links.
So the PA arrest document exists, but was a few hours after the actual arrest... does this mean Logsdon is technically right?
I'm attaching the December 30 PA criminal complaint you kindly pointed me towards.
The timing is just my best guess ATM. Not at all sure what docs d is relying on and what docs, if any, were not included in the relevant MTS. Someone might scroll through the PA docket to see what's there if they were inclined lol. I'm more than done for the time being. Out of my depth.
 
Thanks. Could you be clearer on what your interpretation is of Logsden's argument,? I cannot access the criminal complaint doc attributed to PA. There was a fugitive from justice warrant that was executed.
This MTS argument was addressing the search of the parent's home and BKs statements prior to arrest. IMO the arrest warrant/search warrant/criminal complaint dates are included for the timing.
Is it attached to this MTS or not?
All exhibits are sealed.
So in summary is it your interpretation Logsden is arguing BK was not arrested at 4am on the basis of that FFJ warrant?
No.
The MTS is for the Search warrant issued for BKs parent's home.
Noting the premises search warrant and FFJ warrant are separate warrants serving separate purposes.
Yes.
Is it assumed the PA authorities mislead in their presser or is Logsden saying there was a technical mishap and FFJ warrant was not issued soon enough.? Moo
No.
According to the D MTS Lamsden and the documents: First there was a search warrant of the home signed, then an arrest warrant in ID, then the home search warrant was executed, then a valid Criminal complaint was filed in PA.
Noting: the search warrant was issued/signed before either arrest warrant.
ETA seems he was taken into custody then arrested on the basis of the FFJ warrant?
So I guess it's a technicality of sorts but here's hoping it's not so serious as to render the arrest null and void. I hope not but not a lawyer. I'm sure State's response will outline the process.
This is the list of documents in PA - I don't see a seperate FFJ warrant. I looked this up b/c you mentioned it in your first post and to confirm the date/time.

Commonwealth v. Kohberger 682 MD 2022​

Selected postings​


Dec. 29, 2022 - Search warrant (Hyundai Elantra), inventory, exhibits

Dec. 29, 2022 - Search warrant (B. Kohberger), inventory, exhibits

Dec. 29, 2022 - Search warrant (home) and authorization

Dec. 29 2022 - Kohberger warrant application

Jan. 3, 2023 - Order (Returning defendant to Idaho) and Waiver of Extradition

Jan. 2, 2023 - Decorum Order

Jan. 2, 2023 - Administrative Order (1-AD-2023 in Case 5-CV- 2023)

Dec. 30, 2022 - Police Criminal Complaint (Monroe County)

PA arrest warrant was valid. PA can arrest someone without a warrant if that someone has a DP charge as long as they bring them before the Court promptly to answer (Title 42 S9135) .

I think JL only mentioned this for the timing as it relates to the MTS home warrant.

JL issues in the Lamsden MTS:

Pennsylvania Law Enforcement Violated Mr. Kohberger’s Fourth Amendment Rights by Entering and Searching His Parents’ Home without a Valid Local Warrant.

a. The Idaho arrest warrant could not have given police in Pennsylvania the authority to enter the home.


He goes on to argue this issue in the MTS.
https://www.pacourts.us/Storage/med...022-policecriminalcomplaint(monroecounty).pdf

You posted this:
RSBMFF

BK was arrested in Pennsylvania with the appropriate and legal warrant imo (see link to PA presser I just posted immediately upthread, Speaker no. 2; No insinuations just statements of the facts around BK's arrest).

Mr Logsden's wording in that section of this MTS insinuates there was no lawful warrant, but stops short of staying so outright. He maybe does that kind of thing in his motions out of habit? Because I can't see what defense gains by such blatant misleading. Just wow. Section 42 (Fugitive of Justice Warrant) etc of relevant Pennsylvania law was complied with. Also note the PA authorities state the appropriate affidavits for said warrant were sealed at that time to protect defendant's constitutional right to fair trial.Moo
BBM

IDK if it is a strong or weak argument, but IMO JL was clear and there appears to be documentation supporting his issue argued in the MTS home search.
The P objection to this MTS was sealed.

JMO
 
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