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What the extradition process for suspect in Moscow murders back to Idaho could look like

Once a judge decides if 28-year-old Bryan Kohberger is back in Idaho, here is what the extradition process is going to look like.

PENNSYLVANIA, USA — The suspect in the murder of four University of Idaho students will face a Pennsylvania judge for his extradition hearing Tuesday, and he could be in Idaho as early as tonight. 

Once a judge decides if 28-year-old Bryan Kohberger is back in Idaho, here is what the extradition process is going to look like:

The extradition process is outlined in the U.S. Constitution under its extradition clause. That clause says, "If a person is charged with a crime in one state but arrested in a different one, the original state can request the person be returned for investigation."

A state can also issue an out-of-state warrant for a suspect's arrest if they believe the suspect left the state to avoid capture, which is what Moscow police did. After Pennsylvania State Police (PSP)arrested Kohbergee, a court appearance is scheduled where he can either waive or challenge the extradition; waiving the extradition means Kohberger is voluntarily returning to Idaho to face first-degree murder charges. 

At this point, we know he is planning to waive the hearing, according to his lawyer. However, if he challenges extradition, the Idaho and Pennsylvania governor's offices will get involved. Idaho Governor Brad little and Pennsylvania Governor Tom Wolf have to approve the extradition request. Then a Pennsylvania court must approve or deny extradition. 

Once Kohberger arrives in Latah County, he will be formally arrested by Idaho authorities, and then a bail hearing is set and held followed by an arraignment which is where he will enter a plea of guilty or not guilty and begin the formal court process.

Here is what we know about Kohberger's Friday arrest:

Pennsylvania State Troopers arrested Kohberger for killing all four students and their beds back in November. Kohberger is a Ph.D. candidate at Washington State University (WSU). 

CBS News learned forensic analysis allegedly linked him to the crime scene out of the King Road Home in Moscow. He's charged with four counts of first-degree murder and felony burglary. Police are still not saying whether the four students knew co Kohberger. 

Kohberger was arrested 2500 miles from the Idaho crime scene, and troopers arrested him at his parents' house early Friday, Dec. 30, 2022. He's been in the Monroe County Jail ever since.  Kohberger is scheduled to appear in Pennsylvania court at 12: 30 p.m. Tuesday, where he is expected to waive his extradition hearing. 

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