Court Filing
CLRK CASE
BY
MAY
OF NO
31
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 TikTok.com 10100 Venice Blvd, Suite 401 ORDER TO SEAL AND REDACT Culver City, CA 90232 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: 5/31/2008 NUNC PRO TUNG 4/20/2023 Meganemashall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE CLRK
BY
APR
NO OF
. 7
DIST 2023
DEPUTY CT AM8
.:
LATAH 04
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
TEMPORARILY
Tiktok.com ORDER SEALING SEARCH 10100 Venice Blvd., Suite 401 WARRANT AND RELATED Culver City, CA 90232 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 4/4/20238 5:25 PM.
men mashall Magistrate Judge
TEMPORARILY
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 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 6th day of April, 2023.
Asulur
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 2
CASE
BY CLRK
APR
NO
OF
. 6
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE ----
ASHLEY S. JENNINGS DEPUTY CT PM3
SR. DEPUTY PROSECUTING ATTORNEY.:
LATAH 55
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 Tiktok.com MOTION TO TEMPORARILY SEAL 10100 Venice Blvd., Suite 401 SEARCH WARRANT AND RELATED Culver City, CA 90232 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
CASE CLRK
BY
APR
NO OF
. 7
DIST 2023
DEPUTY CT AM8
LATAH COUNTY PROSECUTOR'S OFFICE.:
LATAH 04
ASHLEY S. JENNINGS
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:) ) Tiktok.com) ORDER 10100 Venice Blvd, Suite 401) Culver City, CA 90232) ) 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 4/4/2023 @ 5: 25 DM
Meguremashall Megan E. Marshall Magistrate Judge
ORDER 2
CASE CLRK
BY
APR72023
NO OF
. DIST
DEPUTY CT AM8
LATAH COUNTY PROSECUTOR'S OFFICE.:
Ashley S. Jennings LATAH 04 Sr. Deputy Prosecuting Attorney Latah County Courthousė 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
Case No. CR29-22-2805 In the Matter of the Application) for a Search Warrant for:) ) Tiktok.com) RETURN OF SEARCH WARRANT 10100 Venice Blvd., Suite 401) Culver City, CA 90232) ) 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 the Court at 4 o'clock p.m., this 6th day of April, 2023.
I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
4/6/2023 (Date) Peace Officer
REDACTED
RETURN OF SEARCH WARRANT 1
AFFIDAVIT OF DET. 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 the Moscow Police Department in the official position of Detective;
(2) Affidavit has been a trained and qualified peace office for 12 years;
(3) I currently work the day shift, 7:00 a.m. to 5:00 p.m.;
(4) On January 25, 2023, I obtained a search warrant for TikTok;
(5) The warrant was served on January 26, 2023, via TikTok Law Enforcement Portal;
(6) On March 31, 2023, I received an email directing me to download the data;
(7) On April 3, 2023, I downloaded the data and an inventory was prepared for all the items received;
(8) A copy of the inventory receipt was emailed to and (9) 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.
4/6/2023 (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. CR29-22-2805
THE APPLICATION
FOR A SEARCH WARRANT FOR
Tiktok.com RECEIPT AND 10100 Venice Blvd., Suite 401 INVENTORY OF WARRANT Culver City, CA 90232 On the 26 day of January 2023, at approximately 0830 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:
https://www.tiktok.com/legal/report/lawenforcementrequest 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 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
ΙΜΕΙ
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:
DATED this 6 day of April 20 23 Lawrence Mowery
WITNESS PEACE OFFICER E
The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20
RECEIPT AND INVENTORY PAGE OF 3 PAGES
CASE CLRK
BY
MAY
NO OF
. 16
DIST 2023
DEPUTY CT
. PM3
LATAK 33:
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:) ) TikTok.com) 10100 Venice Blvd, Suite 401) SEARCH WARRANT Culver City, CA 90232) legal@TikTok.com) ) 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 of homicide (s) of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and / or Ethan Chapin at 1122 King Road, Moscow, Idaho on the TikTok account of Bryan Kohberger with any of the following IDENTIFIERS: Email address (es) 1 and / or and / or ; and / or phone number and / or IMEI generated on or between June 1, 2022 to present, including:
SEARCH WARRANT 1
REDACTED
1. All identity and contact information, including full name, e-mail address, physical address (including city, state, and zip code), date of birth, phone numbers, gender, hometown, occupation, and other personal identifiers;
2. All past and current usernames associated with the account;
3. The dates and times at which the account and profile were created, and the Internet Protocol (" IP ") address at the time of sign-up;
4. All activity logs including IP logs and other documents showing the IP address, date, and time of each login to the account, as well as any other log file information;
5. All information regarding the particular device or devices used to login to or access the account, including all device identifier information or cookie information, including all information about the particular device or devices used to access the account and the date and time of those accesses;
6. All data and information associated with the profile page, including photographs, " bios, " and profile backgrounds and themes;
7. All communications or other messages sent or received by the account;
8. All user content created, uploaded, or shared by the account, including any comments made by the account on photographs or other content;
9. All photographs and images in the user gallery for the account;
10. All location data associated with the account, including geotags;
11. All data and information that has been deleted by the user;
12. A list of all of the people that the user follows on TikTok and all people who are following the user (i.e., the user's " following " list and " followers " list), as well as any friends of the user;
13. A list of all users that the account has " unfollowed " or blocked;
14. All privacy and account settings;
15. All records of TikTok searches performed by the account, including all past searches saved by the account;
SEARCH WARRANT 2
16. All information about connections between the account and third-party websites and applications; and,
17. All records pertaining to communications between TikTok and any person regarding the user or the user's TikTok account, including contacts with support services, and all records of actions taken, including suspensions of the account;
that is stored at premises owned, maintained, controlled, or operated by:
TikTok.com 10100 Venice Blvd, Suite 401 Culver City, CA 90232 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 7 days of issuance, and is authorized for daytime or nighttime (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, TIKTOK 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.
TIKTOK SHALL DISCLOSE THE DESCRIBED PROPERTY AND
INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 25th day of January, 2023, at
10:32 a.m.
Megan C Marshall Magistrate Judge
SEARCH WARRANT 3
CASE CURK
AJ FEDE
OF O
. 82028
DIST
C CT
DEPUTY 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.
Application for a Search Warrant for ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT
TikTok.com 10100 Venice Blvd, Suite 401 Culver City, CA 90232 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 28, 2023.
SO ORDERED this _218 / 2023 meganemabhall Magistrate Judge
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 2/8/23
JULIE FRY
Latah County Clerk of the Court
By: Paliphant Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
OPSE CRK
FE3
NO OF
. 7
DIST 2025
LATAH COUNTY PROSECUTOR'S OFFICE
CT PM4
ASHLEY S. JENNINGS
.:
SR. DEPUTY PROSECUTING ATTORNEY LATAH 11
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.
Application for a Search Warrant for MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT
TikTok.com 10100 Venice Blvd, Suite 401 Culver City, CA 90232 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 January 25, 2023. The search warrant was directed by the Court to be served within seven (7) days of issuance during business hours. The warrant was served by Detective Lawrence Mowery on January 26, 2023, by email. However, as of this date, the information has not been received.
Although the warrant was executed within the fourteen (14) day timeframe directed by
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 1
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 leth day of February, 2023.
A
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 2