Court Filing
Filed: 03/07/2023 14:21:06 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 Snap Inc. (Snapchat) ORDER TO SEAL AND REDACT 2772 Donald Douglas Loop North Santa Monica, CA 90405 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 (D) and I.C. §74-124 (1) (c), the court finds it necessary to seal the records 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; (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; and (3) Disclosure would constitute an unwarranted invasion of personal privacy. 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 Mean Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE BY CLRK DEC NO OF . 5 DIST 2022 CT DEPUTY PM4 .: LATAH 34 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 Snap Inc. (Snapchat) 2772 Donald Douglas Loop North Santa Monica, CA 90405 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 March 2, 2023, or further order of the Court, whichever occurs first. SO ORDERED 12/5/22 4:22 PM megun Emashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK NO DEC . OF 5 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT PM3 SR. DEPUTY PROSECUTING ATTORNEY.: LATAH 49 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 Snap Inc. (Snapchat) MOTION TO SEAL SEARCH 2772 Donald Douglas Loop North WARRANT AND RELATED Santa Monica, CA 90405 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 day of December, 2022. ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK BY DEC NO OF 5 . DIST 2022 CT PM4 DEPUTY. LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 34 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:) ( Snap Inc., (Snapchat)) 2772 Donald Douglas Loop North) RETURN OF Santa Monica, CA 90405) SEARCH WARRANT ( MPD Case No. 22-M09903) STATE OF IDAHO) : ss. County of Latah) I, Detective 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 1: 30_o'clock p.m., this 5 day of December, 2022. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. LE 12/05/2022 (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 11/21/22, I obtained a search warrant for Snapchat; (4) The warrant was served on 11/21/2022, by email (fax, email, etc); (5) On 11/29/22, I received an e-mail from Snapchat 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. LE 12/05/2022 (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 Snap Inc., (Snapchat) RECEIPT AND INVENTORY OF WARRANT 2772 Donald Douglas Loop North Santa Monica, CA 90405 On the 21 day of November 2022, at approximately 10:16 o'clock A.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 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 5 day of December 20 22 LEZ 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 DEC NO OF . 5 DIST 2022 CT PM4 DEPUTY. LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 35 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:) ) Snap Inc., (Snapchat)) ORDER 2772 Donald Douglas Loop North) Santa Monica, СА 90405) ) 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 12/5/22 4:22 PM. Megurimashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY DEC NO OF . 5 DIST 2022 CT PM4 DEPUTY. LATAH: 35 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:) ) Snap Inc. (Snapchat)) SEARCH WARRANT 2772 Donald Douglas Loop North) Santa Monica, CA 90405) ) 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 there is information regarding the crime (s) of homicide on the Snap Accounts of Xana Kerrnodle, Kaylee Goncalves, Ethan Chapin, and , with the following IDENTIFIERS; , and between August 1, 2022 and November و, 20, 2022, to include: a. All subscriber information including email address, phone number, display name, Snapchat creation date and IP address; timestamp and IP address of account logins and logouts; b. All logs of previous snaps, stories, and chats; с. All location data for each Snapchat user; d. All user content including communications or other messages sent or received SEARCH WARRANT 1 REDACTED by the accounts; e. All information about connections between the accounts and third-party websites and applications; f. All records pertaining to communications between Snapchat and any person regarding the user or the user's Snapchat accounts, including contacts with support services, and all records of actions taken, including suspensions of the accounts; which is stored at premises owned, maintained, controlled, or operated by Snapchat, Inc., a free online messaging application at: Custodian of Records Snap Inc. 2772 Donald Douglas Loop North Santa Monica, CA 90405 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: ** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT PURPOSE, SNAP INC. (SNAPCHAT) IS ORDERED NOT TO DISCLOSE THE EXISTENCE OR CONTENTS OF THIS SEARCH WARRANT OR THE INFORMATION FURNISHED IN RESPONSE TO THE SEARCH WARRANT FOR SIX MONTHS OR UNTIL FURTHER ORDER OF THE COURT. SNAP INC. (SNAPCHAT) SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 21st day of November, 2022, at 4:29 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 2