Court Filing
Filed: 03/07/2023 14:11:18 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 Moscow Police Department Forensic Lab ORDER TO SEAL AND REDACT 155 Southview Moscow, Latah County, Idaho 83843. 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 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: 3/7/2023 ushall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY JAN NO OF 11 . DIST 2023 -- CT AM10 DEPUTY. LATAH : 51 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 Moscow Police Department ORDER SEALING SEARCH Forensic Lab WARRANT AND RELATED 155 Southview DOCUMENTS Moscow, Latah County, Idaho 83843. 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 April 10, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 100 day of January, 2023. e 4:41 PM Meganemashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLRK JAN OF 10 DIST 2029 LATAH COUNTY PROSECUTOR'S OFFICE CT ASHLEY S. JENNINGS PM4 PROSECUTING ATTORNEY. SR. DEPUTY LATAH: 39 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 Moscow Police Department MOTION TO SEAL SEARCH Forensic Lab WARRANT AND RELATED 155 Southview DOCUMENTS Moscow, Latah County, Idaho 83843. MPD Case No. 22-M09903 The State of Idaho, by and through the Latah County Prosecuting Attorney, respectfully Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 moves the Court pursuant to Search Warrant and Related Documents, including the Affidavit for for an Order Sealing including any exhibits), Search Warrant, Return of Search Warrant (including Search Warrant ( items seized) and Order filed herein because release or disclosure would: the inventory of 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. RESPECTFULLY SUBMITTED this 10th day of January, 2023. Ashley Sing ASHLEY S. JENININGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK JAN NO OF 112023 . DIST CT AK10 LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY. LATAH: ASHLEY S. JENNINGS 51 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 LATAН In the Matter of the Application) Case No. CR29- For a Search Warrant for:) ) Moscow Police Dept) Forensic Lab) RETURN AFFIDAVIT 155 Southview Avenue) Moscow, ID 83843) ) 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 Judge Megan E. Marshall at 2:00 o'clock p.m., this 10th day of January, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 1/10/2023 (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 12 years; (3) On 1/9/2023 I obtained a search warrant for Data Extraction from Bryan Kohberger's Phone located onUSB External HD with Serial Number; (4) The warrant was served on 1/9/2023, in person at the Moscow Police Department - Forensic Lab; (5) An inventory was prepared for all the items received; (6) A copy of the warrant and inventory sheet were left with the drive and The information received was placed into evidence at the Moscow Police Department. (7) FURTHER your Affiant sayeth not. 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. Ey 1/9/2023 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 Moscow Police Dept-Forensic Lab RECEIPT AND INVENTORY OF WARRANT 155 Southview Ave Moscow ID 83843 On the 9 day of January 2023, at approximately 1350 o'clock P.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: Key-Computer Forensic Lab 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 USB External HD-SN Bryan Kohberger's Phone data RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON 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: with drive DATED this 9 day of January 20 23 Lawrence Mowery WITNESS PEACE JE 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 JAN NO OF 11 . DIST 2023 CT AM10 DEPUTY . LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 51 ASHLEY S. JENNINGS 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 LATAН In the Matter of the Application) Case No. for a Search Warrant for:) ) Moscow Police Dept) Forensic Lab) ORDER 155 Southview Avenue) Moscow, ID 83843) ) 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 ORDER 1 appropriate time, the property can be released or disposed of upon authorization of the jurisdictional 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 1/10/238 4:41 PM. mashall Megan È. Marshall Magistrate Judge ORDER 2 CASE CLRK JAN NO OF 11 . DIST 2023 CT AM10 DEPUTY. LATAH: 51 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. Moscow Police Department Forensics Lab SEARCH WARRANT 155 Southview Moscow, Latah County, Idaho 83843. 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 property consisting of a Seagate 2TB External USB Drive with Serial Number for evidence regarding the investigation into the crimes of homicide of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin at 1122 King Road, Moscow, Idaho, including: Data compilations relating to or containing information indicating, suggesting, or related to violence, a fight, or motive / hostility for any of the same, to include without limitation ledgers, papers, lists, books, notes, letters, calendars, diaries, tapes, photographs, audio, videos, or other media or similar documents or items, computer and communications devices capable of storing electronic data, other electronic storage devices and media, and access to contents of all of the above; REDACTED SEARCH WARRANT 1 • Records of communications; Written / text communications including emails, SMS text messages, MMS messages, and other communications, including but not limited to, third-party applications such as Kik, Whatsapp, Facebook, Instagram; • Contacts stored; Location information; • Location information stored in any cloud account associated with the phone if said account credentials can be obtained from the forensic image of the phone; • Internet history, bookmarks, and / or associated cloud accounts; • Written and audio recorded notes or any cloud account associated with the device; • Indicia of residency in, or ownership or possession of, the premises and any of the above items; located in or upon the following described premises, located in Latah County, State of Idaho: The Moscow Police Department is located at 155 Southview, in Moscow, Idaho. The Forensics Lab is located on the second floor of the Moscow Police Department. 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 abovenamed. 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 9th day of January, 2023, at 3:10 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 2