Order to Seal Apple Search Warrant

Filed: 02/28/2023 09:33:24 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 Apple Inc., ORDER TO SEAL I Infinite Loop Cupertino, CA 95014 MPD Case No. 22-M09903 This matter came before the court on February 10, 2023 on the court's motion to seal or redact 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 (D) and I.C. §74-124 (1) (c), 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;
(2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; and (3) Disclosure would constitute an unwarranted invasion of personal privacy.

After due consideration and with good cause appearing, IT IS HEREBY ORDERED that the record herein shall be SEALED until further order of the court.

Dated: 2/27/2023 all Megan E. Marshall Magistrate Judge
ORDER TO SEAL-1

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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
WARRANT AND RELATED

Apple Inc., DOCUMENTS I Infinite Loop Cupertino, CA 95014 Latah County, Idaho 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 February 27, 2023, or further order of the Court, whichever occurs first.

SO ORDERED this 29th day of November, 2022.

Megan Marshall
ORDER SEALING SEARCH

WARRANT AND RELATED DOCUMENTS 1

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LATAH COUNTY PROSECUTOR'S OFFICE

ASHLEY S. JENNINGS CT

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SR. DEPUTY PROSECUTING ATTORNEY.

LATAH: 48

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 Apple Inc., MOTION TO SEAL SEARCH 1 Infinite Loop WARRANT AND RELATED Cupertino, CA 95014 DOCUMENTS Latah County, Idaho 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;
2. Constitute an unwarranted invasion of personal privacy,
MOTION TO SEAL SEARCH

WARRANT AND RELATED DOCUMENTS 1

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 28th day of November, 2022.

ASHLEY S. JENNINGS JEN

Sr. Deputy Prosecuting Attorney
MOTION TO SEAL SEARCH

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