ATHENS, Ga. — The suspect accused in the murder of a Georgia nursing student and his attorneys are asking a judge to throw out some of the prosecution’s evidence.

Laken Riley was jogging on the university’s campus on Feb. 22 when she was attacked and killed. Police arrested and charged Jose Ibarra, who a grand jury indicted on 10 counts, including murder.

Defense attorneys representing Ibarra filed the motion on Friday to suppress evidence collected in the days and months after Riley’s death. The motion claims some evidence seized by authorities was collected in “an unlawful manner.”

The attorneys specifically mentioned two cell phones that belonged to Ibarra, DNA samples taken from Ibarra, the contents of his social media accounts, including Snapchat, and Google location data.

The motion accused law enforcement officers of entering Ibarra’s apartment without a proper warrant the day after Riley was killed. The motion claims that other search warrants issued in March weren’t based on probable cause and were “fruit of the poisonous tree.”

Athens-Clarke County records do not list a hearing date for when the judge will hear the motion. Jury selection for the Ibarra trial is currently set to begin on Nov. 13 with opening statements scheduled for Nov. 18.

Prosecutors previously announced that they will not seek the death penalty against Ibarra.