Court Filing
CASE CLRK BY MAR NO OF 24 CR29-22-2805 DIST 2023 CT DEPUTY PM2 . LATAH : 01 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Application Case No. CR29-22-2805 For a Search Warrant for: 1122 King Road ORDER TO SEAL Moscow, Latah County, Idaho MPD Case No. 22-M09903 This matter came before the court on March 14, 2023 on the State's motion to seal or redact pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. Ashley Jennings appeared on behalf of the State of Idaho. Anne Taylor appeared on behalf of Mr. Kohberger. The court reviewed the records, considered the arguments presented, weighed the interests in privacy and public disclosure, and announced its findings of fact on the record. Therefore, pursuant to I.C.A.R. 32 (i) (2) (A), (D), and (E), and I.C. §74-124 (1) (b), (c), and (e), the court finds it necessary to seal the documents related to the search warrant for the following reasons: (1) The documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person; (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; (3) It is necessary to preserve the right to a fair trial; (4) Disclosure would constitute an unwarranted invasion of personal privacy; and (5) Production of such records would disclose investigative techniques and procedures. After due consideration and with good cause appearing, IT IS HEREBY ORDERED that the record herein shall be SEALED until further order of the court. Dated: 3/24/2023 meganemashall Megah E. Marshall Magistrate Judge ORDER TO SEAL-1 CASE CLRK BY FEB NO OF 27 . DIST 2023 DEPUTY CT AM7 . LATAH 57: IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. CR29-22-2805 Application for a Search Warrant for ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1122 King Road Moscow, Latah County, Idaho MPD Case No. 22-M009903 Based upon the Motion to Seal Search Warrant and Related Documents filed herein, the Court does hereby confirm and ORDER that the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including any exhibits and inventories of items seized) and Order are confidential, exempt from disclosure and are SEALED pursuant to Idaho Court Administrative Rule 32 (g) (1) for the reasons stated in the said Motion and until April 1, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 2500 day of February, 2023. 12:30 PM mea shall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY FEB NO OF 22 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT AM11 ASHLEY S. JENNINGS DEPUTY. SR. DEPUTY PROSECUTING ATTORNEY LATAH: Latah County Courthouse 15 P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. CR29-22-2805 Application for a Search Warrant for MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 1122 King Road Moscow, Latah County, Idaho MPD Case No. 22-M009903 The State of Idaho, by and through the Latah County Prosecuting Attorney, respectfully moves the Court pursuant to Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 for a temporary Order Sealing Search Warrant and Related Documents, including the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including all exhibits of the inventories of items seized) and Order filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 1 2. Deprive a person of a right to a fair trial; 3. Constitute an unwarranted invasion of personal privacy, 4. Disclose the identity of a confidential source; and / or 5. Disclose investigative techniques and procedures. Wherefore, the State respectfully prays that the Court temporarily seal from public disclosure the Affidavit for Search Warrant, Search Warrant, Return of Search Warrant (including all Exhibits) and Order herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 pending a hearing on the matter. RESPECTFULLY SUBMITTED this 22nd day of February, 2023. Ashuri ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2