Court Filing
Filed: 02/28/2023 09:35:27 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk-Oliphant, Jennifer 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 TO SEAL AT & T 11760 US Highway 1, Suite 300 North Palm Beach, FL33408-3029 MPD Case No. 22-M09903 This matter came before the court on February 10, 2023 on the court's motion to seal pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. William W. Thompson, Jr. and Ashley Jennings appeared on behalf of the State. 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 I.C. §74-124 (1) (e), the court finds it necessary to seal the records 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) Production of such records would disclose investigative techniques and procedures. After due consideration and with good cause, IT IS HEREBY ORDERED that the record herein shall be SEALED until further order of the court. Dated: 2/27/2023 megund shall Megan E. Marshall Magistrate Judge ORDER TO SEAL-1 CASE CLRK 34 JAN NO OF . 9 DIST 2023 CT DEPUTY AM7 .: LATAH 16 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 SEALING SEARCH AT & T WARRANT AND RELATED 11760 U.S. Highway 1, Suite 300 DOCUMENTS North Palm Beach, FL 33408 MPD Case No. 22-M09903 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 the inventory 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 7, 2023, or further order of the Court, whichever occurs first. SO ORDERED this day of January, 2023. 9:14 am Meganemashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CROF CLRK JAN NO OF . 6 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT PM1 ASHLEY S. JENNINGS DEPUTY. SR. DEPUTY PROSECUTING ATTORNEY LATAH: 39 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 AT & T MOTION TO SEAL SEARCH 11760 U.S. Highway 1, Suite 300 WARRANT AND RELATED North Palm Beach, FL 33408 DOCUMENTS 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 an Order Sealing Search Warrant and Related Documents, including the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including the inventory of items seized) and Order filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 1 2. Constitute an unwarranted invasion of personal privacy, 3. Disclose the identity of a confidential source; and 4. Disclose investigative techniques and procedures. And the State seeks this protection for a minimum of ninety (90) days or until such time as the investigation is concluded and / or charges are filed. Wherefore, the State respectfully prays that the Court seal from public disclosure the Affidavit for Search Warrant, Search Warrant, Return of Search Warrant and Order herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124. RESPECTFULLY SUBMITTED this 10th day of January, 2023. ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2