Court Filing
Filed: 02/28/2023 15:15:48 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 AND REDACT Charter Communications Inc., 12405 Powerscourt Dr. St. Louis, MO 63131 Latah County, Idaho MPDCase 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, the court finds it necessary to seal in part and redact the record related to the search warrant because the documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person. I.C.A.R. 32 (i) (2) (A). 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: 2/28/2023 Mequncmashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE BY CLRK DEC NO OF . 1 --- DIST 2022 DEPUTY CT PM3 .: LATAH 06 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 Charter Communications Inc., DOCUMENTS 12405 Powerscourt Dr. St. Louis, MO 63131 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 28, 2023, or further order of the Court, whichever occurs first. December November, 2022. @ 1:28 PM SO ORDERED this day of abhall MAGISTRATE JUDGE ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLRK NOV OF 30 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AM10 SR. DEPUTY PROSECUTING ATTORNEY. LATAH: Latah County Courthouse 51 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 Charter Communications Inc., MOTION TO SEAL SEARCH 12405 Powerscourt Dr. WARRANT AND RELATED St. Louis, MO 63131 DOCUMENTS MPDCase 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 30 day of November, 2022. Ashery p ASHLEY S. JENNINGS JE Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK BY DEC NO OF . 1 ---- DIST 2022 DEPUTY CT PM3 LATAH COUNTY PROSECUTOR'S OFFICE. ASHLEY S. JENNINGS LATAH 06: 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 LATAH In the Matter of the Application) Case No. for a Search Warrant for:) Charter Communications, Inc.) ORDER 12405 Powerscourt Dr.) St. Louis, MO 63131) ) 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 12/1/22 @ 1:28 PM megunimashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY DEC NO OF . 1 ----- DIST 2022 CT PM3 LATAH COUNTY PROSECUTOR'S DEPUTY OFFICE.: Ashley S. Jennings LATAH 06 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:) Charter Communications, Inc) RETURN OF SEARCH WARRANT 12405 Powerscourt Dr.) St. Louis, MO 63131) ) 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 9:00 o'clock a.m., this 30th day of November, 2022. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 11/30/2 LEM 162 (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 November 21, 2022, I obtained a search warrant for Charter Communications, Inc; (4) The warrant was served on November 21, 2022, by email (fax, email, etc); (5) On 11/22/22, I received an e-mail from Charter Communications, Inc. which contained the requested information; (6) An inventory was prepared for all the items received; and (7) The information received was placed into evidence at the Moscow Police Department. 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. 11/30/27 LEM 162 (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 Charter Communications, Inc. RECEIPT AND 12405 Powerscourt Dr INVENTORY OF WARRANT St. Louis, MO 63131 On the 21 day of November 2022, at approximately 8:39 o'clock p.M., the following peace officers: Detective 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: 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 Router RECEIPT AND INVENTORY PAGE 1 OF 2 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 30 day of November 20.22. JEN 162 WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE 2 OF 2 PAGES CASE CLRK BY DEC NO OF . 1 DIST 2022 DEPUTY CT PM3 . LATAH 06: 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 for a Search Warrant for: Case No. Charter Communications, Inc Legal Response Operations Center 12405 Powerscourt Dr. St.Louis, MO 63131 SEARCH WARRANT 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 probable cause to believe that the property referred to and sought in or upon said premises consists of information related to a crime (s) of homicide committed at 1122 King Road in Moscow, Idaho, for all data associated with the Spectrum Wireless Router with Serial Number and MAC وأ and Spectrum Cable Modem with MAC and Serial Number between September 14, 2022 through November 14, 2022 located in or upon the following described premises: REDACTED SEARCH WARRANT 1 Charter Communications, Inc Legal Response Operations Center 12405 Powerscourt Dr. St.Louis, MO 63131 314-394-9702 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 ONLY (pursuant to Idaho Criminal Rule 41, “ daytime " means the hours between 6:00 a.m. and 10:00 p.m. local time). GIVEN UNDER MY HAND and DATED this 21st day of November, 2022, at 6:00 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 2