Court Filing
CASE CLRK
MAR
NO OF
24
. DIST
CR29-22-2805 2023
CT
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE DEPUTY 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:
Twitter, Inc. ORDER TO SEAL AND REDACT 1355 Market Street, Suite 900 San Francisco, CA 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 (E) and I.C. §74-124 (1) (b), 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) It is necessary 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.
Dated: 3/24/2023 rall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE CLRK
BY FEB
NO OF 27
. DIST 2023
CT
DEPUTY AM7
.
LATAH:
56
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 Twitter, Inc. ORDER SEALING SEARCH 1355 Market Street, Suite 900 WARRANT AND RELATED San Francisco, CA DOCUMENTS MPD Case No. 22-M009903 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 28 day of February, 2023. @ 12:29 PM 9 dhall 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: 53
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. CR29-22-2805 Application for a Search Warrant for Twitter, Inc. MOTION TO TEMPORARILY SEAL 1355 Market Street, Suite 900 SEARCH WARRANT AND RELATED San Francisco, CA DOCUMENTS PENDING HEARING MPD Case No. 22-M009903 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.
shuning
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 2
CLRK
FEB
OF 15
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT PM3
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH: 58
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 SEAL SEARCH
WARRANT AND RELATED
Twitter, Inc. DOCUMENTS 1355 Market Street, Suite 900 San Francisco, CA 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. Deprive a person of a right to a fair trial or an impartial adjudication;
3. Constitute an unwarranted invasion of personal privacy,
4. Disclose the identity of a confidential source; and / or
5. 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 15th day of February, 2023.
Ashley
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 2
CASE CLRK
BY FEB
NO OF 17
. DIST 2023
CT PM12
DEPUTY.
LATAH COUNTY PROSECUTOR'S OFFICE LATAH
Ashley S. Jennings: 51 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:) Twitter, Inc.) RETURN OF SEARCH WARRANT 1355 Market Street, Suite 900) SEARCH San Francisco, CA) ) 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 15 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. LE
2/15/2023 (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 January 25, 2023, I obtained a search warrant for Twitter;
(5) The warrant was served on February 6, 2023, via Twitter Law Enforcement Portal;
(6) On February 12,2023, I received an email directing me to a secure download for the requested data;
(7) On February 15, 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.
2/15/2023 (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
Twitter, Inc. RECEIPT AND 1355 Market Street, Suite 900 INVENTORY OF WARRANT San Francisco, CA On the 6 day of February 2023, at approximately 0913 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: https://legalrequests.twitter.com/ 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
@ gmail.com @ gmail.com
RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
IMEI
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 15 day of February 2023.
Lawrence Mowery
WITNESS PEACE OFFICER RE
The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20:
RECEIPT AND INVENTORY PAGE OF 3 PAGES
CASE CLRK
BY
FEB
NO
OF 17
.
DIST 2023
DEPUTY CT PM12
LATAH COUNTY PROSECUTOR'S OFFICE.
ASHLEY S. JENNINGS LATAH:
SR. DEPUTY PROSECUTING ATTORNEY 52
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 LATAH
In the Matter of the Application) Case No.
for a Search Warrant for:
) Twitter, Inc.) ORDER 1355 Market Street, Suite 900) San Francisco, CA
22-M009903)
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 2/17/2023
Megan Mohall Megan E. Marshall Magistrate Judge
ORDER 2
CASE CLRK
BY FEB
NO OF 17
. DIST 2023
- CT
DEPUTY PM12
. LATAH
: 52
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:) ) Twitter, Inc.) 1355 Market Street, Suite 900) SEARCH WARRANT San Francisco, CA) ) 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 homicide (s) of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and / or Ethan Chapin at 1122 King Road, Moscow, Idaho on the Twitter account of Bryan Kohberger with any of the following IDENTIFIERS: Email address (es) @ gmail.com and / or gmail.com and / or ; and / or phone number; and / or IMEI generated on or between June 1, 2022 to present, including:
• All business records and subscriber information, in any form kept, pertaining to the Account, including:
SEARCH WARRANT 1
REDACTED
• Identity and contact information (past and current), including full name, email address, physical address, date of birth, phone number, gender, and other personal identifiers;
• All usernames (past and current) and the date and time each username was active, all associated accounts (including those linked by machine cookie, IP address, email address, or any other account or device identifier), and all records or other information about connections with third-party websites and mobile apps (whether active, expired, or removed);
• Length of service (including start date), types of services utilized, purchases, and means and sources of payment (including any credit card or bank account number) and billing records;
Devices used to login to or access the account, including all device identifiers, attributes, user agent strings, and information about networks and connections, cookies, operating systems, and apps and web browsers;
• All advertising information, including advertising IDs, ad activity, and ad topic preferences;
Internet Protocol (" IP ") addresses used to create, login, and use the account, including associated dates, times, and port numbers;
• Privacy and account settings, including change history; and
• Communications between Twitter and any person regarding the account, including contacts with support services and records of actions taken;
All content, records, and other information relating to communications sent from or received by the Account, including but not limited to:
The content of all Tweets created, drafted, favorited / liked, or retweeted by the Account, and all associated multimedia, metadata, and logs;
The content of all direct messages sent from, received by, stored in draft form in, or otherwise associated with the Account, including all attachments, multimedia, header information, metadata, and logs;
SEARCH WARRANT 2
• All other content, records, and other information relating to all other interactions between the Account and other Twitter users, including but not limited to:
• All users the Account has followed, unfollowed, muted, unmuted, blocked, or unblocked, and all users who have followed, unfollowed, muted, unmuted, blocked, or unblocked the Account;
Ο All information from the " Connect " or " Notifications " tab for the account, including all lists of Twitter users who have favorited or retweeted tweets posted by the account, as well as all tweets that include the username associated with the account (i.e., " mentions " or " replies ");
All contacts and related sync information; and All associated logs and metadata;
• All other content, records, and other information relating to the use of the Account, including but not limited to:
All data and information associated with the profile page, including photographs, " bios, " and profile backgrounds and themes;
All multimedia uploaded to, or otherwise associated with, the Account;
All records of searches performed by the Account;
All location information, including all location data collected by any plugins, widgets, or the " Tweet With Location " service, and Ο All information about the Account's use of Twitter's link service, including all longer website links that were shortened by the service, all resulting shortened links, and all information about the number of times that a link posted by the Account was clicked;
that is stored at premises owned, maintained, controlled, or operated by Twitter, Inc., a company headquartered at 1355 Market Street, Suite 900, San Francisco, CA.
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 or nighttime (pursuant to Idaho Criminal Rule 41, " daytime " means the hours between 6:00 a.m.
SEARCH WARRANT 3
and 10:00 p.m. PST), and under the following special directions:
** THIS SEARCH WARRANT IS ISSUED FOR A LAW
ENFORCEMENT PURPOSE, TWITTER 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.
TWITTER 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
10:30 a.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 4
CASE CLRK
FEB
NO OF
. 6
DIST 2023
CT PM5
DEPUTY
.:
LATAH 03
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
Twitter, Inc.
1355 Market Street, Suite 900 San Francisco, CA 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 May 1, 2023. April 4.2023.
SO ORDERED this _2 / 4 / 202304: Sie PM Meganemashall 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 2/7/23
JULIE FRY
Latah County Clerk of the Court Byliphout Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
CASE CLRK
FEB
NO OF
. 5
DIST 2028
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT PH4
DEPUTY
SR. DEPUTY PROSECUTING ATTORNEY LATAH.:
43 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
Twitter, Inc.
1355 Market Street, Suite 900 San Francisco, CA MPD Case No. 22-M09903 The State of Idaho by and through Ashley S. Jennings, Latah County Sr. Deputy Prosecuting Attorney, mov