Court Filing
Filed: 03/07/2023 14:54:15 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 Yik Yak, Inc. ORDER TO SEAL AND REDACT 28475 Greenfield Rd, Suite 113, # 7226 Southfield, MI 48076 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 (E) and I.C. §74-124 (1) (b), 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 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: 3/7/2023 mashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT -1 CASE CLRK FEB NO OF . 3 DIST 2023 CT AM8 DEPUTY .: LATAH 05 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. Application for a Search Warrant for ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS Yik Yak, Inc. 28475 Greenfield Rd, Suite 113, # 7226 Southfield, MI 48076 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 throughout the entirety of case CR29-22-2805 or further order of the Court, whichever occurs first. SO ORDERED this 2ND day of February, 2023. C 4:37 ри Megunemarshall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLRK FEB OF 2 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AK10 SR. DEPUTY PROSECUTING ATTORNEY. LATAH: Latah County Courthouse 32 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. Application for a Search Warrant for MOTION TO SEAL SEARCH WARRANT AND RELATED Yik Yak, Inc. DOCUMENTS 28475 Greenfield Rd, Suite 113, # 7226 Southfield, MI 48076 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 throughout the entirety of case CR29-22-2805. 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. and day of February, 2023, RESPECTFULLY SUBMITTED this Ashuning ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK FEB NO OF . 3 DIST 2023 DEPUTY CT AM8 LATAH COUNTY PROSECUTOR'S OFFICE.: LATAH 05 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- for a Search Warrant for:) Yik Yak, Inc.) RETURN OF SEARCH WARRANT 28475 Greenfield Rd, Suite 113, # 7226) Southfield, MI 48076) ) 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 11:00 o'clock a.m., this 2 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. 2/2/2023 (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 YikYak; (5) The warrant was served on January 26, 2023, via YikYak Law Enforcement Portal; (6) On January 27, 2023, I received an email containing data pursuant to the warrant; (7) An inventory was prepared for all the items received; (8) A copy of the inventory receipt was emailed to ind (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. February 1, 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 LATAН IN THE MATTER OF Case No. THE APPLICATION FOR A SEARCH WARRANT FOR Yik Yak, Inc. RECEIPT AND INVENTORY OF WARRANT 28475 Greenfield Rd, Suite 113, # 7226 Southfield, MI 48076 On the 26 day of January 2023, at approximately 8:32 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: 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 RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON ΙΜΕΙ 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 2 day of February 20 23 Det Lawrence Mowery WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE 3 OF 3 PAGES CASE CLRK BY FEB NO OF . 3 DIST 2023 CT AM8 DEPUTY .: LATAH 05 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:) ) Yik Yak, Inc.) ORDER 28475 Greenfield Rd, Suite 113, # 7226) Southfield, MI 48076) ) 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 2/2/20230 4:31 PM. Meous Emaushall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY FEB NO OF . 3 DIST 2023 DEPUTY CT AM8 .: LATAH 05 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:) ) Yik Yak, Inc.) SEARCH WARRANT 28475 Greenfield Rd, Suite 113, # 7226) Southfield, MI 48076) M09903) MPD Case No. 22-M07622 TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN ENFORCING ANY LAW OF THE STATE OF IDAHO. Detective 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 there is 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 Yik Yak 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: a. The unique User ID number of the account that is assigned by Yik Yak; b. Registration date and time for the accounts; с. Registration IP address of the accounts; e. Current usernames and tag numbers; f. If the users are paid subscribers, and any limited billing information; SEARCH WARRANT 1 REDACTED g. IP addresses and session start-timestamps for the last 90 days; h. Messages and attachments stored whether it is in a server or in a direct message regarding the above; located in or upon the following described premises: Yik Yak, Inc. 28475 Greenfield Rd, Suite 113, # 7226 Southfield, MI 48076 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. PST), and under the following special directions: ** YIK YAK, INC. 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 10:29 a.m. Megan Marshall Magistrate Judge SEARCH WARRANT 2