Court Filing
CLRK CASE
MAY BY
OF 31 NO
DIST 2023.
CT PM4
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE. DEPUTY
LATAH:
11
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН
In the Matter of the Case No. CR29-22-2805 Application for a Search Warrant for Reddit, Inc.
548 Market Street # 16093 ORDER TO SEAL AND REDACT San Francisco, CA 94101-5401 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.
5/31/2023
Dated NUNIC: PRO TUNC 4/20/23 Meganemashall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT -1
CASE
BY CLRK
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 Case No. CR29-22-2805 Application for a Search Warrant for Reddit.com ORDER SEALING SEARCH 520 3rd Street WARRANT AND RELATED San Francisco, CA 94103 DOCUMENTS 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 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 / 2023 @ 2: 29 PM me shall 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 DEPUTY CT AM10
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH
Latah County Courthouse: 11 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 LATАН
In the Matter of the Case No. CR29-22-2805 Application for a Search Warrant for Reddit.com MOTION TO TEMPORARILY SEAL 520 3rd Street SEARCH WARRANT AND RELATED San Francisco, CA 94103 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 23rd day of March, 2023.
ASHLEY S. JENNINGS
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
- CT PM3
DEPUTY.
LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 47
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. CR29-22-2805 for a Search Warrant for:) ) Reddit.com) RETURN OF SEARCH WARRANT 520 3rd Street) San Francisco, CA 94107) ) 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 4:00 o'clock p.m., this 23 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 Twelve (12) years;
(3) On January 25, 2023, I obtained a search warrant for Reddit.com;
(4) The warrant was served on January 26, 2023, by email On February 8, 2023, I received an e-mail from Reddit.com with a link to download (5) the requested information;
On March 22, 2023, the data was downloaded to computers at the Moscow Police (6) Department;
(7) An inventory was prepared for all the items received; and The information received was placed into evidence at the Moscow Police Department.
(8) FURTHER your Affiant sayeth not.
Lawrence Mowery Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
3/23/2023 (Date) (Signature)
AFFIDAVIT 1
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН
IN THE MATTER OF Case No.
THE APPLICATION
FOR A SEARCH WARRANT FOR
Reddit, Inc. RECEIPT AND
INVENTORY OF WARRANT
548 Market Street # 16093 San Francisco, California, 94104-5401 On the 26 day of. January 2023, at approximately 0906 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
phone number
RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
IMEI
INVENTORY PAGE 2 OF 3 PAGES
RECEIPT AND
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 23 day of March 20 23 Lawrence Mowery
WITNESS PEACE OFFICER OFFICER
The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20:
RECEIPT AND INVENTORY PAGE OF 3 PAGES
CASE GLRK
BY
MAY
NO OF
. 15
DIST 2023
CT
DEPUTY 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- For a Search Warrant for:) ) Reddit, Inc.) 548 Market Street # 16093) SEARCH WARRANT San Francisco, California, 94104-5401) ) 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 homicide (s) of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and / or Ethan Chapin at 1122 King Road, Moscow, Idaho on the Reddit account of Bryan Kohberger with any of the following IDENTIFIERS: Email address (es) and / or and / or ; and / or phone number and / or IMEI generated on or between June 1, 2022 to present, including:
(1) All basic subscriber information, such as information collected when a user creates a new Reddit account, alters information at a later date, or otherwise interacts with the Reddit website and / or application (" app ") including but not limited to:
SEARCH WARRANT 1
REDACTED
(a) Reddit user / subscriber known legal name / identity (b) Email address (c) Phone number (d) Reddit display name (e) Reddit account creation date and Internet Protocol (IP) address (f) Time stamp and IP address of Reddit account logins and log-outs (g) Address (h) Date of birth (i) Gender j () Billing information (2) Expanded subscriber information, including but not limited to:
(a) Non-content related records and / or information about the above-listed target user (s) and / or account (s), including but not limited to user preferences and communication headers (b) Any and all records concerning the above-listed account holders / identifiers including, but not limited to, metadata about a user's content (c) Any stored user files (to include all photographs in their original file format, including metadata information);
(3) Location data, including but not limited to Any and all records concerning the above-listed target user (s) and / or account (s) including, but not limited to, location data;
(4) Reddit user communications content, including but not limited to:
(a) Public posts, comments, votes, and other information regarding the substance of the target user (s) / account (s) ' s publicly available communications;
(b) Private / non-public messages and / or communications between users / accounts, posts, comments, votes, and other information regarding the substance of the user (s) / account (s) ' s non-public communications;
(5) Internet Protocol (IP) address information, including but not limited to, all IP address information regarding the IP address used at the time of account creation, and any IP address information stored by Reddit for the above-listed target user (s) / account (s);
(6) Other identifying data, if collected by Reddit, including but not limited to any information on the device (s) used to access the target account (s), including the type of devices, model numbers, International Mobile Equipment Identifier (IMEI) numbers, phone numbers, Global Positioning System (GPS) locations, and / or IP addresses;
located at the following premises:
Reddit, Inc.
548 Market Street # 16093 San Francisco, California, 94104-5401
SEARCH WARRANT 2
This court order will be electronically submitted to Reddit.com via their online Law Enforcen records system at:
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 service 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, REDDIT 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.
REDDIT 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
10:27 a.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 3
CASE
BY CLRK
MAR
NO
OF 24
.
DIST 2023
DEPUTY CT
PM3
LATAH COUNTY PROSECUTOR'S OFFICE.
LATAH: 48
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 LATАН
In the Matter of the Application) Case No.
for a Search Warrant for:) ) Reddit.com) ORDER 520 3rd Street) San Francisco, CA 94107) ) 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 3/24/2023 C
Megu mashall Megan E. Marshall Magistrate Judge
ORDER 2
CURK
FEB
OF 9
DIST 2028
CT PM4
DEPUTY
.:
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
Reddit, Inc. RETURN SEARCH WARRANT 548 Market Street # 16093 San Francisco, CA 94101-5401 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 2/8/2023 Meganemushall 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: foliphout Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
CASE CLRK
FEB
NO OF
7
. DIST 2025
LATAH COUNTY PROSECUTOR'S OFFICE CT PM4
ASHLEY S. JENNINGS DEPUTY.
SR. DEPUTY PROSECUTING ATTORNEY LATAH: 10
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 Reddit, Inc. MOTION FOR EXTENSION TO 548 Market Street # 16093 RETURN SEARCH WARRANT San Francisco, CA 94101-5401 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.
10th day of February, 2023.
RESPECTFULLY SUBMITTED this ashlus
ASHLEY S. JENNINGS JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 2