According to the motion, Burch allowed Green Bay Police to search his phone to prove he was not involved in a hit-and-run back then.
The motion claims the sheriff's office then failed to get a warrant to use those records for the murder investigation.
"When the green bay police department was looking for a hit-and-run driver, that was stored and then used by the Brown County Sheriff's Department to place Mr. Burch at certain places and certain times. That was not what Mr. Burch authorized," said Avi Berk, NBC26 legal analyst.
That information was then used to identify Burch's Google account and show he had looked at stories about Vanderheyden's death.
That information lead to a separate warrant for the phone's GPS data.