Court Filing
Filed: 03/07/2023 14:03:40 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 AND REDACT Google LLC and / or Google Payment Corp. 1600 Amphitheatre Parkway Mountainview, CA 94043 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 Megan Mashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY JAN NO OF . 5 DIST 2023 CT AM7 DEPUTY .: LATAH 20 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 DOCUMENTS Google LLC and / or Google Payment Corp. 1600 Amphitheatre Parkway Mountainview, CA 94043 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 5, 2023, or further order of the Court, whichever occurs first. SO ORDERED this day of January, 2023. @ 6:18 PM mee shall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 " CASE CLRK JAN NO OF . 4 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT DEPUTY PM4 ASHLEY S. JENNINGS. SR. DEPUTY PROSECUTING ATTORNEY LATAH: 37 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 Google LLC and / or Google Payment Corp. MOTION TO SEAL SEARCH 1600 Amphitheatre Parkway WARRANT AND RELATED Mountainview, CA 94043 DOCUMENTS 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. RESPECTFULLY SUBMITTED this M day of January, 2023. Ash Sing ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK JAN NO OF . 5 DIST 2023 CT AM7 DEPUTY LATAH COUNTY PROSECUTOR'S OFFICE.: LATAH 20 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:) Google LLC) 1600 Amphitheatre Parkway) RETURN OF Mountainview, CA 94043) SEARCH WARRANT ) 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. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 1/4/2023 (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 January 3, 2023, I obtained a search warrant for data associated with the Gmail account of. (4) The warrant was served on January 3, 2023, by logging into the Google Law Enforcement Portal; (5) On January 4, 2023, I received an e-mail from Google instructing me to login and download the data obtained pursuant the warrant; (6) An inventory was prepared for all the items received; and The information received was placed into evidence at the Moscow Police Department. 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. 1/4/2023 (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 Google LLC RECEIPT AND INVENTORY OF WARRANT 1600 Amphitheatre Parkway Mountainview, CA 94043 On the 3 day of January 2023, at approximately 1517 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: 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 Data related to the Google Account: 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: DATED this 4 day of January 20 23 Lawrence Mowery WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE OF 3 PAGES CASE CLRK 18 JAN NO OF . 5 DIST 2023 DEPUTY CT AM7 LATAH COUNTY PROSECUTOR'S OFFICE.: LATAK 20 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:) Google LLC and / or Google Payment Corp.) ORDER 1600 Amphitheatre Parkway Mountainview, CA 94043) 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 1/4/238 14:18 PM Merunimashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK JAN NO OF . 5 DIST 2023 DEPUTY CT AM7 . LATAH: 20 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. CR29-22-2805 for a Search Warrant for:) ) Google LLC and / or Google Payment Corp.) SEARCH WARRANT 1600 Amphitheatre Parkway) Mountainview, CA 94043) ) 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 investigations into the crime (s) of homicide at 1122 King Road, Moscow, Idaho on the Google account of Bryan C. Kohberger with any of the following identifiers: email address of; and / or any Google Account (s) associated with the following telephone numbers and / or; or any Google Account (s) associated with the following International Mobile Equipment Identifier: , for all business records and subscriber information, in any form kept, pertaining to the Account, between January 1, 2021 to December 30, 2022, including: SEARCH WARRANT 1 REDACTED • Google Account subscriber information, as defined in 18 U.S.C. § 2703 (c) (2); • Google Account recent activity logs and connected devices; • Google email messages (Gmail) including drafts and those in the trash; • Google Pay- Account information and transactions; • Calendar- calendar events; • Contacts-people contact files; • Photos- photos, videos and albums, and associated metadata; • Drive- documents, spreadsheets, presentations and files, and associated metadata; • Keep- titles and the notes; • Hangouts and Chats- messages, including attachments such as photos; • Location History- location data and deletion records; • My activity- searches and browsing history, including activity from Web & App Activity, Google Assistant, and Google Home; • Google Voice- Google Voice information, including Google Voice basic subscriber information, call logs, forwarding number, text messages, and voicemails; • YouTube- Registration email, channel ID, display name, IP logs, and account registration information; • Android- records for Android Devices, to include subscriber information, other associated accounts, cellular carrier information, and device / hardware information; • Google Play- Google Play purchases made and Google Play applications downloaded; located at the following premises: Google LLC and / or Google Payment Corp. 1600 Amphitheatre Parkway Mountain View, CA 94043 and operates the publicly accessible website https://plus.google.com. 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 14 days of issuance, and is authorized for daytime or nighttime service (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: ** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT PURPOSE, GOOGLE IS ORDERED NOT TO SEARCH WARRANT 2 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. GOOGLE SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 3rd day of January, 2023, at 2:41 p.m. Megan & Marshall Magistrate Judge SEARCH WARRANT 3