Order to Seal and Redact Google

CLRK CASE

MAY BY

OF 31 NO

DIST 2023.

CT

PM2 DEPUTY

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE.

LATAH: 56

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 Google LLC and / or Google Payment Corp.

1600 Amphitheatre Parkway ORDER TO SEAL AND REDACT Mountainview, CA 94043 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: 4/28/2013
NUNIC PRO TUNG

meausimashall Megan E. (Marshall Magistrate Judge
ORDER TO SEAL AND REDACT -1

CASE CLRK

BY MAR

NO OF 17

. DIST 2023

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DEPUTY CT PM12

.

LATAH:

32
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 Google LLC and / or Google Payment Corp. ORDER SEALING SEARCH 1600 Amphitheatre Parkway WARRANT AND RELATED Mountainview, CA 94043 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_3 / 17 / 2023 @ 11:34 am megunemushall Magistrate Judge
ORDER SEALING SEARCH

WARRANT AND RELATED DOCUMENTS 1

CLRK

MAR

OF 14

DIST 2023

LATAH COUNTY PROSECUTOR'S OFFICE

CT

ASHLEY S. JENNINGS PM5

SR. DEPUTY PROSECUTING ATTORNEY.

LATAH: 03

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 Google LLC and / or Google Payment Corp. MOTION TO TEMPORARILY SEAL 1600 Amphitheatre Parkway SEARCH WARRANT AND RELATED Mountainview, CA 94043 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 14th day of March, 2023.

ASH

Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH

WARRANT AND RELATED DOCUMENTS

PENDING HEARING 2

CASE CLRK

BY MAR

NO OF 17

. DIST 2023

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CT PM12

DEPUTY.

LATAH COUNTY PROSECUTOR'S OFFICE LATAH:

31 Ashley S. Jennings Sr. Deputy Prosecuting Attorney Latah County Courthouse P.O. Box 8068 Moscow, ID 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- for a Search Warrant for:) ) Google LLC) RETURN OF SEARCH WARRANT 1600 Amphitheatre Parkway) Mountainview, CA 94043) ) MPD Case No. 22-M09903)
STATE OF IDAHO)

: ss.

County of Latah) I, Brett Payne, the officer by whom this Warrant was returned, 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 the Court at 10:00 o'clock a.m., this 14th 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.

# 157
3/14/23 (Date) Peace Officer
RETURN OF SEARCH WARRANT 1 REDACTED

AFFIDAVIT OF DET. BRETT PAYNE

STATE OF IDAHO)

: ss.

County of Latah) I, Brett Payne, 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 the Moscow Police Department in the official position of Detective;
(2) Affidavit has been a trained and qualified peace officer for 4 years;
(3) On February 24, 2023, Detective Lawrence Mowery obtained a search warrant for the Google account (4) The warrant was served by Detective Mowery on February 25, 2023, via Google Law Enforcement Portal;
(5) On March 09, 2023, Cpl Brett Payne downloaded the data and an inventory was prepared for all the items received;
(6) A copy of the inventory receipt was emailed to 1; and (7) The information received was placed into evidence at Moscow Police Department.

FURTHER your Affiant sayeth not.

Cpl Brett Payne Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.

# 157
3/14/23 (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. 22-M09903
THE APPLICATION

FOR A SEARCH WARRANT FOR

Google Records for RECEIPT AND
INVENTORY OF WARRANT

On the 24th day of February 2023, at approximately 0900 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: Digital Service to LERS at Google.com The person (s) found in said place were: NA 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

Zip Files of all digtial records for the Downloaded from LERS Google portal Google accounts of and
RECEIPT AND INVENTORY PAGE 1 OF 2 PAGES

This Receipt and Inventory was made in the presence of: NA A copy hereof was given to the following named person (s) on the 14th day of March 2023;
Google LERS Portal 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: NA DATED this 24th day of March 2023
B # 157

WITNESS PEACE OFFICER

The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20
RECEIPT AND INVENTORY PAGE 2 OF 2 PAG

CASE CLRK

BY MAR

NO OF 17

. DIST

2023
-- CT

DEPUTY PM12

LATAH COUNTY PROSECUTOR'S OFFICE.

LATAH:

ASHLEY S. JENNINGS 32

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.

for a Search Warrant for:) ) Google LLC and / or Google Payment Corp.) ORDER 1600 Amphitheatre Parkway) Mountainview, CA 94043 ) 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
ORDER 1

prosecuting attorney.

IT IS FURTHER ORDERED that said property or any part thereof, may be delivered to any 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 3/17/2023 @ 11:32 am mean madall Megan El Marshall Magistrate Judge
ORDER 2

CASE CLRK

BY

ΚΑΥ
NO OF

. 16
DIST 2023

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:) ) Google LLC and / or Google Payment Corp. SEARCH WARRANT 1600 Amphitheatre Parkway) Mountainview, CA 94043 ) 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 investigations into the crime (s) of homicide at 1122 King Road, Moscow, Idaho on the Google account of Bryan C. Kohberger for all Gmail accounts linked by recovery email, cookie, Android ID, Creation IP or phone number associated with any of the following identifiers:
• •
SEARCH WARRANT 1

REDACTED

• ΙΜΕΙ between January 1, 2021 to December 30, 2022, including:
• Google Account subscriber information, as defined in 18 U.S.C. § 2703 (c) (2);
• Google Account recent activity logs and connected devices;
• Google email messages (Gmail) including drafts and those in the trash;
• Google Pay- Account information and transactions;
• Calendar- calendar events;
• Contacts-people contact files;
• Photos- photos, videos and albums, and associated metadata;
• Drive- documents, spreadsheets, presentations and files, and associated metadata;
• Keep- titles and the notes;
• Hangouts and Chats- messages, including attachments such as photos;
• Location History- location data and deletion records;
• My activity- searches and browsing history, including activity from Web & App Activity, Google Assistant, and Google Home;
• Google Voice- Google Voice information, including Google Voice basic subscriber information, call logs, forwarding number, text messages, and voicemails;
• YouTube- Registration email, channel ID, display name, IP logs, and account registration information;
• Android- records for Android Devices, to include subscriber information, other associated accounts, cellular carrier information, and device / hardware information;
• Google Play- Google Play purchases made and Google Play applications downloaded;
located at the following premises:
Google LLC and / or Google Payment Corp.

1600 Amphitheatre Parkway Mountain View, CA 94043 and operates the publicly accessible website https://plus.google.com.

You are therefore commanded to search the above-described premises for the property
SEARCH WARRANT 2

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 or nighttime 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, GOOGLE IS ORDERED NOT TO

DISCLOSE THE EXISTENCE OR CONTENTS OF THIS SEARCH

WARRANT OR THE INFORMATION FURNISHED IN RESPONSE TO

THE SEARCH WARRANT FOR A PERIOD OF 90 DAYS OR UNTIL

FURTHER ORDER OF THE COURT.

GOOGLE SHALL DISCLOSE THE DESCRIBED PROPERTY AND

INFORMATION WITHIN 14 DAYS OF ISSUANCE. **

GIVEN UNDER MY HAND and DATED this 24th day of February, 2023, at
9:38 a.m.

Megan Marshall Magistrate Judge
SEARCH WARRANT 3

CASE

BY CLRK

MAR

NO

OF 10

.

DIST 2023

DEPUTY CT

PM4

.

LATAH:

11
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

Google LLC and / or Google Payment Corp..

1600 Amphitheatre Parkway Mountainview, CA 94043 MPD Case No. 22-M09903 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 6, 2023.

SO ORDERED this 3/10/2023 Megunemashall Magistrate Widge
ORDER FOR EXTENSION TO

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 Oiphant Deputy Clerk
ORDER FOR EXTENSION TO

RETURN SEARCH WARRANT 2

CASE CLRK

BY MAR

NO OF 10

. DIST 2023

LATAH COUNTY PROSECUTOR'S OFFICE

ASHLEY S. JENNINGS-CT AM10

DEPUTY.

SR. DEPUTY PROSECUTING ATTORNEY LATAH

Latah County Courthouse: 40 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

Google LLC and / or Google Payment Corp.

1600 Amphitheatre Parkway Mountainview, CA 94043 MPD Case No. 22-M09903 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 24th 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 February 25, 2023, through the Google Law Enforcement portal. As of February 27, 2023, Forensic Detective Mowery is out of state attending a forensic training for approximately three weeks. Detective Mowery is unable to download any return until his return to the Moscow Police Department
MOTION FOR EXTENSION TO

RETURN SEARCH WARRANT 1

Forensic Lab. Therefore, as of this date, the information provided by Google has not been downloaded.

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 9th day of March, 2023.

asheup &. guninp
ASHLEY S. JENNINGS

Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO

RETURN SEARCH WARRANT 2