FIRST ON FOX – Jose Ibarra, the suspect charged in the February murder of Augusta University nursing student Laken Riley, is asking for a hearing to suppress a list of evidentiary items, including cellphones, a buccal swab and social media accounts.

Ibarra, a 26-year-old illegal immigrant from Venezuela, is accused of attacking and killing Riley, 22, while she was out for a run along dirt trails on the University of Georgia campus in Athens on the morning of Feb. 22.

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.

Ibarra’s defense is arguing that the aforementioned items were unlawfully collected by law enforcement and that detectives entered his residence without a search warrant. He is asking for the evidence to be suppressed under the “fruit of the poisonous tree” doctrine, which makes certain evidence inadmissible if acquired through illegal measures.

SUSPECT IN LAKEN RILEY’S MURDER IS INDICTED

Ibarra’s defense further states in court documents filed Thursday that the suspect was “detained without reasonable suspicion that he had committed any offense on February 23, 2024.”

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 SUSPECT JOSE IBARRA PLEADS NOT GUILTY, MOTHER SOBS IN COURT

Laken Riley poses for a photo posted to Facebook. Riley, a nursing student at the University of Georgia, was found dead near a lake on campus on Thursday, Feb. 22, 2024. (Allyson Phillips/Facebook)

“Due to the complexity of the mixture used in testing, the testing was analyzed by using TrueAllele Casework Software. Results of this analysis were reported by [Ashley Hinkle, forensic biologist for the Georgia Bureau of Investigation] on April 3, 2024. Those results gave various probabilities of whether or not the sample in question was more or less likely to be a particular individual or a coincidental match,” court documents state.

A Georgia grand jury in May indicted Ibarra on counts of malice murder, two counts of kidnapping with bodily injury, two counts of aggravated assault with intent to rape, two counts of aggravated battery, obstructing or hindering a person from making a 911 call, tampering with evidence and being a “peeping Tom.”

LAKEN RILEY’S FATHER SAYS SUSPECT ‘MIGHT NOT HAVE BEEN HERE’ IF BORDER WAS SECURE

Allyson Phillips, Laken Riley’s mother, center, gets emotional while sitting beside Riley’s stepdad John Phillips inside the Athens-Clarke County Superior Courthouse on Friday, May 31, 2024, when Jose Ibarra pleaded not guilty to 10 counts in Riley’s death. (Pool)

The suspect is accused of causing Riley’s death by inflicting blunt-force trauma to her head and “asphyxiating her in a manner unknown to jurors,” the indictment states.

The suspect is also accused of going to a residence on UGA’s campus, where he “peeped through” a window and “spied upon” a university staff member on the same day he allegedly killed Riley, the indictment alleges.

LAKEN RILEY MURDER EXPOSED GLARING SECURITY LAPSES ON COLLEGE CAMPUSES, NEED FOR EMERGENCY BLUE LIGHTS

Jose Ibarra was arrested on Feb. 23 in connection with Laken Riley’s Feb. 22 murder in Athens, Georgia. (Clarke County Sheriff’s Office)

Ibarra and his brothers, also in the United States illegally from Venezuela, lived in an apartment building that sits on the edge of the on-campus park where Riley was running, allegedly murdered the aspiring nurse in what UGA Police Chief Jeffrey Clark described as a “crime of opportunity.”

The quiet, wooded loop Riley ran that morning is easily accessible from behind Ibarra’s apartment complex. It is a five-minute walk from Ibarra’s door to the approximate scene where Riley was found dead.

LAKEN RILEY FUNERAL IN GEORGIA COMMEMORATES NURSING STUDENT ALLEGEDLY KILLED BY ILLEGAL IMMIGRANT

A general view of the area where Laken Riley’s body was found near Lake Herrick on the University of Georgia’s campus in Athens, Georgia, on Saturday, Feb. 24, 2024. Jose Antonio Ibarra has been charged with the murder of Riley. (Mark Sims for Fox News Digital)

The 26-year-old suspect illegally crossed into the United States through El Paso, Texas, in September 2022 and was released into the U.S. via parole, ICE and DHS sources previously told Fox News. His older brother, Diego Ibarra, is charged with green card fraud and had ties to a known Venezuelan gang in the U.S., according to federal court documents.

UGA said in a February statement following Riley’s death that the school has invested $16 million “over the last eight years to hire more police officers, install more security cameras, enhance lighting, establish a nightly rideshare program, and create a UGASafe app.”

Since February, the school has committed more than $7.3 million to more safety measures, including a 20% increase to UGA’s police budget, emergency blue lights, and a university-focused rideshare program.

Ibarra’s trial is scheduled to take place in November.

Former President Trump’s recent comments on abortion, including remarks that sparked some initial confusion about where Trump stood on an amendment that would upend Florida’s ban on abortions after six weeks’ gestation, have sparked backlash from pro-life advocates on social media.

Trump’s latest – and clearest – comments about Florida’s Amendment 4, which would enshrine a constitutional right to abortion in the state, may blunt some of the criticism. After Trump made remarks on Thursday that appeared to indicate he might back the amendment, the former president told Fox News Channel’s Bryan Llenas on Friday afternoon: “I’ll be voting ‘no.’”

Still, the comment confusion, coupled with some other recent statements, have rankled the pro-life community.

“Trump has destroyed both the conservative movement and the pro-life movement. He’s done what even Barack Obama couldn’t do,” one user on X said.

Former Vice President Mike Pence also posted to X, saying, “I’m pro-life. I don’t apologize for it.”

HARRIS REPEATS DEBUNKED CLAIM TRUMP WANTS TO ‘BAN’ ABORTION DURING FIRST CAMPAIGN RALLY SINCE BIDEN QUIT RACE

Georgia-based nationally syndicated radio host Erick Erickson also slammed Trump’s comments, saying on X, “Instead of having all the focus on the Kamala Harris interview tonight, Trump decided to further divide the GOP. Not a good strategy for winning.”

Other users expressed anger over Trump’s “betrayal” of the pro-life movement, which helped elect him in 2016. 

“If Pro-lifers had a spine and punished Trump for his betrayal by staying home in November, he would lose so badly that no Republican would ever dare to betray you on such an important issue,” one X user said. “Sadly, he knows most of you will still vote for him so the betrayals will intensify.”

Online political influencer and former police officer John Cardillo said he would be voting for Trump, but would “criticize him when he promotes Democrat policies.”

“I don’t care how you spin it. Trump told NBC he’s voting for a Soros funded unrestricted abortion amendment in FL,” he wrote on X. 

JD VANCE VOWS TRUMP WOULD NOT IMPOSE FEDERAL ABORTION BAN, VETO IT IF IT COMES ACROSS HIS DESK

Pro-life activists protest outside where Planned Parenthood has a mobile van offering free vasectomies and medicinal abortions near the Democratic National Convention In Chicago on Aug. 20. (Fox News Digital)

A spokesperson for Republican Florida Gov. Ron DeSantis — who unsuccessfully challenged Trump in the 2024 primaries and who signed the abortion ban into law — also responded after Trump initially seemed to signal some support for Amendment 4.

“Donald Trump has consistently stated that late-term abortions where a baby can feel pain should never be permitted, and he’s always stood up for parents’ rights. Amendment 4 would allow late-term abortions, eliminate parental consent, and open the door to taxpayer-funded abortions,” Taryn Fenske said on X.  “It’s extreme and must be defeated.”

Conservative commentator David Limbaugh, brother of the late conservative radio host Rush Limbaugh, said he “wholeheartedly” supports Trump, but that he “needs some ardent pro-lifers in his campaign-advisory inner circle.”

REP. MAXINE WATERS DODGES QUESTION ON CONTROVERSIAL ABORTION PROCEDURE

People attend the annual March for Life rally outside the Supreme Court in Washington, D.C., on Jan. 19. (Kent Nishimura/Getty Images)

“Unforced errors are worse than run of the mill errors. Appeasement strategies that alienate more supporters than impress non-supporters are just plain disappointing,” he said on X.

Last week, Trump also upset anti-abortion activists when he posted on his Truth Social platform, “My Administration will be great for women and their reproductive rights.” He has also indicated he would not restrict access to abortion prescriptions. 

This election cycle, Trump has countered Democratic attacks by stating he would leave abortion access to the states, as determined by the overturning of Roe v. Wade, and opposes a federal abortion ban. The Republican Party also abandoned its long-standing position of advocating for abortion limits in July. However, Trump has remained opposed to late-term abortions.

On Thursday, Trump also said he would subsidize federal IVF treatments, despite saying abortion would be considered a state issue. The Trump campaign did not directly respond to what constitutes a state issue versus a federal one when asked via email.

TRUMP RISKS LOSING SOME PRO-LIFE VOTERS UNLESS HE CHANGES ‘HIS TUNE’ ON ABORTION, ACTIVIST WARNS

“I think the six-week is too short, there has to be more time,” Trump told an NBC News reporter when asked how he will vote on Florida’s Amendment 4 that will appear on the ballot for November elections. “I’ve told them that I want more weeks,” he continued. 

The reporter then pressed if Trump would vote in favor of the amendment. 

“I am going to be voting that we need more than six weeks. Look, just so you understand, everybody wanted Roe v. Wade terminated for years, 52 years. I got it done. They wanted it to go back to the states. Exceptions are very important for me, for Ronald Reagan, for others that have navigated this very, very interesting and difficult path,” Trump responded. 

The Trump campaign pushed back on the notion that Trump had come out in favor of the abortion amendment, telling Fox News Digital on Thursday evening that the 45th president has not yet revealed how he will vote on Amendment 4. 

“President Trump has not yet said how he will vote on the ballot initiative in Florida, he simply reiterated that he believes six weeks is too short,” Trump campaign national press secretary Karoline Leavitt said. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Fox News Digital’s Emma Colton contributed to this report. 

Allies of former President Trump in Florida are explaining which way they will vote on an abortion ballot question in the state’s November election after the Trump campaign’s clarification that he has yet to decide his position. 

A ballot initiative in Florida to amend the state constitution to enshrine the right to an abortion into law is known as Amendment 4. It states, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

Additionally, it says, “This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”

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Trump, a resident of Florida, was asked Thursday how he would vote by a reporter. 

“I am going to be voting that we need more than six weeks,” he said in response. 

Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America (SBA), promptly responded with a statement, saying, “President Trump has consistently opposed abortions after five months of pregnancy. Amendment 4 would allow abortion past this point. Voting for Amendment 4 completely undermines his position.”

“We strongly support Florida’s current heartbeat law,” she added. “For anyone who believes in drawing a different line, they still must vote against Amendment 4, unless they don’t want a line at all. Amendment 4 would lock unlimited abortion into the state constitution, preventing the Florida legislature from enacting any changes.”

HARRIS WAS ‘OPEN’ TO PACKING SUPREME COURT DURING 2019 PRESIDENTIAL BID

Former President Trump said six weeks was not enough time. (Ian Maule/Getty Images)

Afterward, SBA corrected the statement to add that Dannenfelser spoke with Trump on Thursday night. 

“He has not committed to how he will vote on Amendment 4,” she said. 

Trump’s campaign also issued a statement after his remark.

“President Trump has not yet said how he will vote on the ballot initiative in Florida. He simply reiterated that he believes six weeks is too short,” spokesperson Karoline Leavitt said. 

Florida Republican Sen. Marco Rubio’s office told Fox News Digital he will be voting against the amendment, which would enshrine abortion rights into the state constitution. A spokesperson referred Fox News Digital to an April interview when the senator explained his stance. 

HARRIS CAMPAIGN MANAGER IGNORES PRESS CONFERENCE QUESTION AS VP HITS 33 DAYS WITHOUT ONE

Advocates want to enshrine the right to an abortion into the Florida constitution. (Anna Rose Layden/Getty Images)

“My fundamental challenge, and that’s at the core of it, is I believe that the right from which all of the rights emanate is the right to live, the right of a human being to live. And that right to live when it comes to abortion is in conflict with a woman’s right to choose. And, so, we have to choose in public policy, what do we prioritize? The right to live or the right to choose in those circumstances. And it’s a tough choice for a lot of people, and I understand it. But, for me, I’m going to be on the side of life,” Rubio said at the time. 

Another Trump ally, Rep. Matt Gaetz, R-Fla., told Fox News Digital in a statement, “I do not believe abortion policy belongs in the constitution. This matter should be addressed by the state legislature.”

Representatives for Sen. Rick Scott, R-Fla., and Reps. Anna Paulina Luna, R-Fla., and Byron Donalds, R-Fla., did not provide comment in time for publication when asked by Fox News Digital how they plan to vote. 

BIDEN-HARRIS HHS SECRETARY SIDESTEPS BACKING ANY LIMIT ON LATE-TERM ABORTION

Florida Gov. Ron DeSantis has come out against the amendment. (Cheney Orr/AFP via Getty Images)

Florida Republican Gov. Ron DeSantis’ office did not provide comment but referred Fox News Digital to an outside campaign against the amendment, which is run by allies of the governor. Taryn Fenske, a representative for the Vote No On 4 Florida campaign, pointed Fox News Digital to her post on X in response to Trump. 

“Donald Trump has consistently stated that late-term abortions where a baby can feel pain should never be permitted, and he’s always stood up for parents’ rights,” she wrote. “Amendment 4 would allow late-term abortions, eliminate parental consent, and open the door to taxpayer-funded abortions. It’s extreme and must be defeated.”

DeSantis has publicly opposed the amendment in the past. 

Opponents of the amendment have pointed to its vague language as an issue, noting it could be read to allow elective abortion throughout a woman’s pregnancy as deemed necessary by employees of abortion clinics, rather than solely doctors. The amendment also does not define viability, typically understood to be around 20-25 weeks, leaving more gray area to be interpreted. 

Another concern brought by the amendment is its language regarding minors getting abortions. The text says that the amendment would not change the legislature’s ability to require parents to be notified about a minor’s abortion. However, it leaves out the legislature’s authority to require parental consent for such a procedure. The amendment is understood by critics to overturn current parental consent laws. 

The Trump campaign did not immediately respond to Fox News Digital’s request for comment.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.