Court Filing
CASE CLRK
BY
MAR
NO OF
, 24
CRD9-20-2805 DIST 2023
DEPUTY CT
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE PM2
.
LATAH: 01
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 TO SEAL AND REDACT 10100 Venice Blvd, Suite 401 Culver City, CA 90232 legal@tiktok.com 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) and (D), the court finds it necessary to seal in part and redact the record 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; and (2) The documents contain facts or statements that might threaten or endanger the life or safety of individuals.
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: 3/24/2023 Megan E. (Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE
BY CLRK
NO FEB
. 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 Application for a Search Case No. CR29-22-2805 Warrant for Tiktok.com ORDER SEALING SEARCH 10100 Venice Blvd, Suite 401 WARRANT AND RELATED Culver City, CA 90232 DOCUMENTS MPD Case No. 22-M09903 In the Matter of the 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 250 day of February, 2023. @ 12:20 PM megunemashall Magistrate Judge
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CASE CLRK
BY
FEB
NO
OF 23
.
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS DEPUTY CT
PM2
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.
Application for a Search Warrant for
MOTION TO TEMPORARILY
Tiktok.com SEAL SEARCH 10100 Venice Blvd, Suite 401 WARRANT AND RELATED Culver City, CA 90232 DOCUMENTS PENDING
HEARING
MPD Case No. 22-M09903 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.
Ashens
ASHLEY S. JENNINGS JENI
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 2
CASE CLRK
BY FEB
NO OF
27
. DIST
----- 2023
CT
DEPUTY AM7
.
LATAH:
57
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН
In the Matter of the Application) Case No.
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 2/25/2023 @ 12:19 PM
mean Emashall Megan E. E. Marshall Magistrate Judge
ORDER 2
CASE CLRK
BY
FEB
NO OF
. 27
DIST 2023
DEPUTY CT
LATAH COUNTY PROSECUTOR'S OFFICE AM7
.
Ashley S. Jennings LATAH:
58 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:) 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 22 day of February, 2023.
I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
2/22/2023 (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 December 13, 2022, I obtained a search warrant for TikTok;
(5) The warrant was served on December 13, 2022, via TikTok Law Enforcement Portal;
(6) On February 19, 2023, I received an email directing me to download the data;
(7) On February 20, 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.
Ey
2/22/2023 (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
Tiktok.com RECEIPT AND 10100 Venice Blvd., Suite 401 INVENTORY OF WARRANT Culver City, CA 90232 On the 13 day of December 2022, at approximately 1641 o'clock P.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
Account Identifiers:
-1224 -4818 @ yahoo.com
RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
@ gmail.com @ gmail.com -1278 @ gmail.com
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 22 day of February 2023.
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
CASE CLRK
BY FEB
NO OF
27
. DIST
2023
--- CT
DEPUTY AM7
.
LATAH: 59
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) SEARCH WARRANT 10100 Venice Blvd, Suite 401) 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 the crime of homicide on the Tiktok accounts: Madison " Maddie " Mogen with the following IDENTIFIERS: email address ८८. @ gmail.com " and / or phone number -1224; and / or Kaylee Goncalves with the following IDENTIFERS: phone number -4818, and / or email address (es) " @ yahoo.com " and / or " @ gmail.com ";
and / or Xana Kernodle with the following IDENTIFIERS: @ gmail.com
SEARCH WARRANT 1
REDACTED
and / or phone number -1278; generated on or between January 1, 2021 to present, including:
Any messages, records, files, logs, or information that have been deleted but are still available to Tiktok.com, Tiktok.com is required to disclose the following information to law enforcement, in unencrypted form whenever available, to include:
a. 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;
b. All past and current usernames associated with the account;
c. The dates and times at which the account and profile were created, and the Internet Protocol (" IP ") address at the time of sign-up;
d. 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;
e. 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;
f. All data and information associated with the profile page, including photographs, " bios, " and profile backgrounds and themes;
g. All communications or other messages sent or received by the account;
h. All user content created, uploaded, or shared by the account, including any comments made by the account on photographs or other content;
i. All photographs and images in the user gallery for the account;
j. All location data associated with the account, including geotags;
k. All data and information that has been deleted by the user;
1. 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;
m. A list of all users that the account has " unfollowed " or blocked;
n. All privacy and account settings;
o. All records of TikTok searches performed by the account, including all past
SEARCH WARRANT 2
searches saved by the account;
p. All information about connections between the account and third-party websites and applications; and, q. 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;
located at the following premises:
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 and 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, 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 13th day of December, 2022, at
4:26 p.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 3
CASE CLRK
BY
DEC
NO
OF 23
.
DIST 2022
CT
DEPUTY PM4
.
LATAH: 10
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-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 March 22, 2023.
SO ORDERED this 12/23/22 Megunemarshall 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 12/23/22
TONYA DODGE
Latah County Clerk of the Court By Qiphant Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
CLRK
DEC
OF 22
DIST 2022
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT
PM3
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH: 26
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-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 13th day of December, 2022 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 13th day of December, 2022, 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 day of December, 2022.
ASHLEY S. JENNINGS JEN
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 2