Court Filing
CLRK CASE MAY BY OF 31 NO DIST 2023. IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE CT PM2 DEPUTY . LATAH: 55 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 Strava, Inc. 208 Utah Street San Francisco, CA 94103 ORDER TO SEAL AND REDACT MPD Case No. 22-M09903 This matter came before the court on April 28, 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. Anne Taylor, Jay Logsdon and Elisa Massoth 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) and (E), the court finds it necessary to seal in part and redact the record related 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; and (2) It is necessarily to temporarily seal or redact the documents or materials to preserve the right to a fair trial. After due consideration and with good cause appearing, IT IS HEREBY ORDERED that the record herein shall be disclosed except for the following: 1. The Affidavit in Support of Search Warrant is SEALED. 2. The Search Warrant and Receipt and Inventory be REDACTED. 3. This order will remain in effect until further order of the court. Dated: 5/31/2023 NUNC pro tunc 4/28/2023 Me Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY MAR NO OF . 24 DIST 2023 CT DEPUTY PM3 . LATAH 47: 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 Strava, Inc. ORDER SEALING SEARCH 208 Utah Street WARRANT AND RELATED San Francisco, CA 94103 DOCUMENTS 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 May 1, 2023 or further order of the Court, whichever occurs first. SO ORDERED this _3 / 24 / 2028 @ 2: 28p4 megunemashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY MAR NO OF 24 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AM10 DEPUTY SR. DEPUTY PROSECUTING ATTORNEY. LATAH: Latah County Courthouse 12 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 Strava, Inc. MOTION TO TEMPORARILY SEAL 208 Utah Street SEARCH WARRANT AND RELATED San Francisco, CA 94103 DOCUMENTS PENDING HEARING 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 23rd day of March, 2023. sin ASHLEY S. JENNINGS JEN Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY MAR NO OF 24 . DIST 2023 -- DEPUTY CT LATAH COUNTY PROSECUTOR'S OFFICE PM3 . ASHLEY S. JENNINGS LATAH 47: SR. DEPUTY PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (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 Application) Case No. CR29-22-2805 For a Search Warrant for:) ) Strava, Inc.) RETURN OF 208 Utah Street) SEARCH WARRANT San Francisco, CA 94103) ) ) MPD Case No. 22-M09903 STATE OF IDAHO) : ss. County of Latah) I, Lawrence Mowery, the officer by whom this Warrant was executed, do certify the appended inventory contains a true and detailed account of all property taken by me or other officers pursuant to this Warrant, and that this Warrant and property have been duly returned before Judge Megan E. Marshall at 11:00 o'clock a.m., this 22th day of March, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 3/22/2023 (Date) Peace Officer REDACTED RETURN OF SEARCH WARRANT 1 AFFIDAVIT OF LAWRENCE MOWERY STATE OF IDAHO) : SS. County of Latah) I, Lawrence Mowery, being duly sworn, do hereby state the following information is true and correct to the best of my knowledge and belief: (1) That I am employed by Moscow Police Department in the official position of Forensic Detective; (2) Affidavit has been a trained and qualified peace office for 12 years; (3) On February 26, 2023, I obtained a search warrant for Strava; (4) The warrant was served on March 1, 2023, by email (5) On March 15, 2023, I received an email notifying me the data was available to download; (6) On March 21, 2023, I downloaded the requested information from the secure portal; (7) An inventory was prepared for all the items received; and (8) The information received was placed into evidence at Moscow Police Department. FURTHER your Affiant sayeth not. Detective Lawrence Mowery-162 Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 3/22/2023 (Date) (Signature) AFFIDAVIT 1 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 Case No. THE APPLICATION FOR A SEARCH WARRANT FOR Strava, Inc RECEIPT AND 208 Utah Street INVENTORY OF WARRANT San Francisco, CA 94103 On the 1 day of March 2023, at approximately 1024 o'clock A.M., the following peace officers: Det Lawrence Mowery served the Search Warrant heretofore issued upon the place and / or person (s) described therein as directed in said Search Warrant. Entrance was obtained by: email The person (s) found in said place were: The property found and taken and the location within or upon said place and / or person (s) are as follows: DESCRIPTION OF PROPERTY LOCATION / PERSON RECEIPT AND INVENTORY PAGE GE_1 1 OF 3_PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON IMEI RECEIPT AND INVENTORY PAGE 2 OF 3 PAGES This Receipt and Inventory was made in the presence of: A copy hereof was given to the following named person (s) on the day of 20 A copy hereof was left on this date in a conspicuous place in the place searched, there being no person (s) present during said search: email DATED this 23 day of March 20 23 Lawrence Mowery WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE 3 OF 3 PAGES CHSE CLRK MAY NO OF 16 . DIST 2029 DEPUTY CT PM3 . LATAH 38: 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:) ) Strava, Inc.) SEARCH WARRANT 208 Utah Street) San Francisco, CA 94103) ) ) MPD Case No. 22-M09903 TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN ENFORCING ANY LAW OF THE STATE OF IDAHO. Lawrence Mowery, having given me proof, upon oath, this day showing probable cause establishing grounds for issuing a search warrant and there is probable cause to believe that the property referred to and sought in or upon said premises consists of information related to the investigation into the crimes of homicide and / or burglary at 1122 King Road, Moscow, Idaho occurring on or about November 13, 2022, on all Strava accounts linked by recovery email, cookie, Android ID, Creation IP or phone number associated with the following identifiers: REDACTED SEARCH WARRANT IMEI Between June 27, 2022 to December 30, 2022 including: • Identifiers including but not limited to real name, athlete ID, IP address, and / or email addresses; • Personal information including, but not limited to, physical characteristics, payment information; • Commercial information to include, but not limited to, records of purchases; • Biometric information to include, but not limited to, exercise data; • Internet or other electronic network activity information to include, but not limited to, session logs; • Geolocation data, to include, but not limited to, physical location of the recorded activity; All activity logs and connected devices including, but not limited to, all segments, routes, challenges, clubs, friends, follows; • Contacts; • Electronic, visual, or similar information to include, but not limited to, photos; located at the following premises: Strava, Inc. at 208 Utah Street, San Francisco, CA 94103 and email You are therefore commanded to search the above-described premises for the property described above, to seize it if found and bring it promptly before the court above named. This warrant shall be executed within 14 days of issuance, and is authorized for daytime er nighttimo service (pursuant to Idaho Criminal Rule 41, " daytime " means the hours between 6:00 a.m. and 10:00 p.m. PST), and under the following special directions: ** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT PURPOSE, STRAVA IS ORDERED NOT TO DISCLOSE THE EXISTENCE OR CONTENTS OF THIS SEARCH SEARCH WARRANT 2 WARRANT OR THE INFORMATION FURNISHED IN RESPONSE TO THE SEARCH WARRANT FOR A PERIOD OF 90 DAYS OR UNTIL FURTHER ORDER OF THE COURT. STRAVA SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 26th day of February, 2023, at 7:51 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 3 CASE CLRK BY MAR NO OF 24 . DIST 2023 ---- DEPUTY CT PM3 . LATAH 47: 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. for a Search Warrant for:) ) Strava, Inc,) ORDER 208 Utah Street) San Francisco, CA 94103) ) MPD Case No. 22-M09903 In the above-titled matter, this Court having heretofore issued a Search Warrant, and the said Search Warrant having been served according to law, and the Return of Warrant having been duly made as directed in said Search Warrant to this Court, and a written inventory of the property found and seized having been duly made and taken before the undersigned Magistrate or Judge and filed herein; NOW, THEREFORE IT IS HEREBY ORDERED that the said Peace Officer shall deliver or cause to be delivered, the property described in said inventory to the Moscow Police Department or such other law enforcement agency as may be appropriate for the purpose of preserving said property for use as evidence or until further order of a court of competent jurisdiction. Once any related criminal case has been concluded, including the expiration of time for appeal, or at such other appropriate time, the property can be released or disposed of upon authorization of the jurisdictional prosecuting attorney. IT IS FURTHER ORDERED that said property or any part thereof, may be delivered to any ORDER 1 person or laboratory or laboratories for the purpose of conducting or obtaining any tests, analysis, or identification of said property which is deemed necessary by the custodial law enforcement agency or jurisdictional prosecuting attorney without further order of this Court. DATED 3/24/20239 2:27 PM shall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY MAR NO OF . 8 DIST 2023 CT PM4 DEPUTY. LATAH: 47 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 FOR EXTENSION TO RETURN SEARCH WARRANT Strava, Inc. 208 Utah Street San Francisco, CA 94103 MPD Case No. 22-M009903 The above matter having come before the Court based upon the motion of the State, and good cause appearing: IT IS HEREBY ORDERED that the time for which the above referenced search warrant shall be returned is extended to April 10, 2023. SO ORDERED this _3 / 8 / 2023 megunemashall Magistrate Judge ORDER FOR EXTENSION TO REDACTED RETURN SEARCH WARRANT 1 CERTIFICATE OF DELIVERY I do hereby certify that true and correct copies of the ORDER FOR EXTENSION TO RETURN SEARCH WARRANT were served on the following in the manner indicated below: William W. Thompson, Jr. Mailed Latah County Prosecuting Attorney E-filed & Served / E-mailed Latah County Courthouse Faxed Moscow, ID 83843 Hand Delivered Dated 3/10/23 JULIE FRY Latah County Clerk of the Court By: phay Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CASE CLRK MAR NO OF . 7 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT PM3 ASHLEY S. JENNINGS DEPUTY .: SR. DEPUTY PROSECUTING ATTORNEY LATAH 52 Latah County Courthouse 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 FOR EXTENSION TO RETURN SEARCH WARRANT Strava, Inc. 208 Utah Street San Francisco, CA 94103 MPD Case No. 22-M009903 The State of Idaho by and through Ashley S. Jennings, Latah County Sr. Deputy Prosecuting Attorney, moves this Court for an order extending the time for returning the above referenced search warrant which was issued on the 26th day of February, 2023 The search warrant was directed by the Court to be served within fourteen (14) days of issuance during business hours. The warrant was served by Detective Lawrence Mowery on the 1st day of March, 2023, by Email. However, as of this date, the information has not been received. MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 1 REDACTED Although the warrant was executed within the fourteen (14) day timeframe directed by I.C. 19-4412, the State is not able to comply with the timeframe within which to return the warrant and provide a written inventory. Accordingly, the State requests an extension of time for the return of the search warrant. RESPECTFULLY SUBMITTED this 7th day of March, 2023. asneus &. grainp ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 2