So the original statement was:
Instead, the FBI apparently got into the private side of the DNA database BK put his DNA into. At least this is what AT is alleging.
I responded:
No, she did not allege this. It was said in court that the FBI did not access any database with BK's profile in it.
And I see that while the first sentence is correct (AT never alleges that), the second sentence is not exactly what was said and is not correct.
Here are the exchanges in court:
Starting about 5:39:35
Judge: "That was the point of my question about whether or not Mr. Kohberger's DNA would, was in any of those databases. In other words, did he submit his DNA and said I don't want law enforcement to look at it?"
AT: Long pause..."Your honor, I don't think that that's the way the question should be looked at. The question should be looked at in the way we always look at warrantless searches."
Judge: "There's gotta be a standing." Judge kind of shrugs and there's no answer to that.
Then at about 5:48:55
JN: "Is there even a reasonable expectation of privacy? The fact that no one has a reasonable expectation of privacy in those databases means that even if the FBI violated those terms of service no one has a Fourth Amendment right to complain, and certainly Mr. Kohberger doesn't. He has not asserted factually or through evidence that he was a customer to one of these databases. And maybe that changes the case if he were but he's not, he's not even claiming that, he's not even asserting it."
So it was said in court by JN that BK has never asserted factually or through evidence that he was a customer of those databases.
If he's not a customer, the FBI can't access any databases with his profile in it. And it was certainly not alleged that this is what they did by AT. I think it's also important to understand that with the two most popular databases, ancestry and 23&Me, you must use their kits to add your own to their databases. You can't upload a profile that was developed by another service. So if, for example, BK had a profile on ancestry, the FBI could not upload the profile developed by Othram or anyone else to ancestry to compare it to a kit BK might have had. Same with 23&Me.
I don't think we know right now what the FBI has provided. JN said in court around 5:59:20 that the defense in this case had gotten a lot more information than many defendants in other states where there's been an IGG investigation because the majority of courts have found it's just a tip. So it may not be all they want, but it doesn't appear they haven't provided
anything.
JMO