Court Filing
Filed: 03/07/2023 15:22:53 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk-Reeves, Tamzen 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 Verizon Wireless Attn: Custodian of Records 180 Washington Valley Road Bedminster, NY 07921 Latah County, Idaho 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 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: 3/7/2023 Kushall Megan E. Marshall Magistrate Judge ORDER TO SEAL-1 CASE CLRK BY DEC NO OF 2 . DIST 2022 CT AM10 DEPUTY . LATAH: 23 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 Verizon Wireless DOCUMENTS Attn: Custodian of Records 180 Washington Valley Road Bedminster, NY 07921 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 March 3, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 240 day of December, 2022. 9:44 am Meganemashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK DEC NO OF . 22022 DIST LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT AM8 SENIOR DEPUTY PROSECUTING ATTORNEY.: LATAH 29 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 Verizon Wireless MOTION TO SEAL SEARCH Attn: Custodian of Records WARRANT AND RELATED 180 Washington Valley Road DOCUMENTS Bedminster, NY 07921 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; 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. Ist RESPECTFULLY SUBMITTED this ST day of December, 2022. S Senior Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2