Court Filing
Filed: 03/07/2023 14:05:56 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 (D), 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) The documents contain facts or statements that might threaten the safety of endanger the life or safety of individuals.
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 shall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
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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 March 21, 2023, or further order of the Court, whichever occurs first.
SO ORDERED 12/23/229 2:42 PM
shall Magistrate Judge
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
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LATAH COUNTY PROSECUTOR'S OFFICE CT
ASHLEY S. JENNINGS PM3
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SR. DEPUTY PROSECUTING ATTORNEY LATAH 28:
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 day of December, 2022.
ashes
ASHLEY S. JENNINGS JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO SEAL SEARCH
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LATAH COUNTY PROSECUTOR'S OFFICE.
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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 LATАН
In the Matter of the Application) Case No. CR29- for a Search Warrant for:) ) Google LLC and / or Google Payment Corp. RETURN OF SEARCH WARRANT 1600 Amphitheatre Parkway) Mountainview, CA 94043) ) 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 contains a true and detailed account of all property taken by me or other officers pursuant inventory Warrant, and that this Warrant and property have been duly returned before the Court at 9:00 to this o'clock a.m., this 22nd 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.
162
12/22/2022 (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:
That I am employed by Moscow Police Department in the official position of Forensic (1) Detective;
Affidavit has been a trained and qualified peace office for Twelve (12) years;
(2) (3) On December 4, 2022, I obtained a search warrant for Google;
(4) The warrant was served on December 5, 2022, by email (fax, email, etc);
On December 19, 2022, I received an e-mail from Google which contained the (5) requested information;
(6) An inventory was prepared for all the items received; and The information received was placed into evidence at the Moscow Police Department.
(7) 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.
12/22/2022 (Date) (Signature)
AFFIDAVIT 1
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН
IN THE MATTER OF Case No.
THE APPLICATION
FOR A SEARCH WARRANT FOR
Google LLC and / or Google Payment Corp. RECEIPT AND
INVENTORY OF WARRANT
1600 Amphitheatre Parkway Mountainview, CA 94043 On the 5th day of December 2022, at approximately 4:46 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
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 22 day of December 20 22
M
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
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LATAH COUNTY PROSECUTOR'S OFFICE.
LATAH 08:
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 LATAH
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 above-titled matter, this Court having heretofore issued a Search Warrant, and the said In the Warrant having been served according to law, and the Return of Warrant having been duly Search directed in said Search Warrant to this Court, and a written inventory of the property found made as having been duly made and taken before the undersigned Magistrate or Judge and filed and seized herein;
THEREFORE IT IS HEREBY ORDERED that the said Peace Officer shall deliver or
NOW,
delivered, the property described in said inventory to the Moscow Police Department or cause to be enforcement agency as may be appropriate for the purpose of preserving said property such other law or until further order of a court of competent jurisdiction. Once any related for use as evidence concluded, including the expiration of time for appeal, or at such other criminal case has been property can be released or disposed of upon authorization of the jurisdictional appropriate time, the
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 12/23/229 2:42 PM
megunemabhale Megan E. Marshall Magistrate Judge
ORDER 2
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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. CR29- 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.
Mowery, having given me proof, upon oath, this day showing probable Lawrence for issuing a search warrant and there is probable cause to believe cause establishing grounds referred to and sought in or upon said premises consists of information that the property of homicide on the Google account of Kaylee Goncalves with the email related to the crime (" Account ") from August 1, 2022 to November 19, address for all business records and subscriber information, in any form kept, pertaining to 2022, the Account, including:
a. Names (including subscriber names, user names, and screen names);
Addresses (including mailing addresses, residential addresses, business addresses, b.
and email addresses, including alternate and recovery email addresses);
SEARCH WARRANT 1
REDACTED
c. Telephone numbers, including SMS recovery and alternate sign-in numbers;
d. Records of session times and durations, and the temporarily assigned network addresses (such as Internet Protocol (" IP ") addresses) associated with those sessions, including log-in IP addresses;
e. Telephone or instrument numbers or other subscriber numbers or identities, including any temporarily assigned network address, SMS recovery numbers, Google Voice numbers, and alternate sign-in numbers f. Length of service (including start date and creation IP) and types of service utilized;
g. Means and source of payment (including any credit card or bank account number);
and h. Change history;
i. The contents of all emails associated with the account, including stored or preserved copies of emails sent to and from the account, draft emails, the source and destination addresses associated with each email, the date and time at which each email was sent, and the size and length of each email;
j. All records or other information stored by an individual using the account, including address books, contact and buddy lists, calendar data, pictures, and files;
and k. All records pertaining to communications between the Provider and any person regarding the account, including contacts with support services and records of actions taken;
located at the following premises:
Google 1600 Amphitheatre Parkway Mountain View, CA 94043 and operates the publicly accessible website https://plus.google.com.
SEARCH WARRANT 2
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 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
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 5th day of December, 2022, at
11:59 a.m.
Megan Marshall Magistrate Judge
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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 FOR EXTENSION TO
RETURN SEARCH WARRANT
Google LLC and / or Google Payment Corp.
1600 Amphitheatre Parkway Mountainview, CA 94043 MPD Case No. 22-M09903 The above matter having come before the Court based upon the motion of the State, and good cause appearing:
IT IS HEREBY ORDERED that the time for which the above referenced search warrant shall be returned is extended to March 20, 2023.
SO ORDERED this 12/20/220 2:33 PM Megus Emashall Magistrate Judge
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 1
CERTIFICATE OF DELIVERY
I do hereby certify that true and correct copies of the ORDER FOR EXTENSION TO RETURN SEARCH WARRANT were served on the following in the manner indicated below:
William W. Thompson, Jr. Mailed Latah County Prosecuting Attorney E-filed & Served / E-mailed Latah County Courthouse Faxed Moscow, ID 83843 Hand Delivered Dated 12/20/22
TONYA DODGE
Latah County Clerk of the Court
By: Riphout Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
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ASHLEY S. JENNINGS PM1
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SR. DEPUTY PROSECUTING ATTORNEY LATAH 06
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 MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT
Google LLC and / or Google Payment Corp.
1600 Amphitheatre Parkway Mountainview, CA 94043 MPD Case No. 22-M09903 The State of Idaho by and through Ashley S. Jennings, Latah County Sr. Deputy Prosecuting Attorney, moves this Court for an order extending the time for returning the above referenced search warrant which was issued on the 5th day of December, 2022 The search warrant was directed by the Court to be served within fourteen (14) days of issuance during business hours. The warrant was served by Detective Lawrence Mowery on the 5th day of December, 2022, by email. However, as of this date, the information has not been received.
Although the warrant was executed within the fourteen (14) day timeframe directed by
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 1
I.C. 19-4412, the State is not able to comply with the timeframe within which to return the warrant and provide a written inventory. Accordingly, the State requests an extension of time for the return of the search warrant.
noth RESPECTFULLY SUBMITTED this day of December, 2022.
ashuring
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 2
: