Court Filing
Filed: 03/07/2023 14:49:56 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 Wal-Mart Stores Inc.
Attn Legal Department ORDER TO SEAL AND REDACT 702 SW 8th St Bentonville, AR 72716 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, the court finds it necessary to seal in part and redact the record related to the search warrant because the documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person. I.C.A.R. 32 (i) (2) (A). 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 and the Amended Affidavit in Support of Search Warrant be SEALED.
2. The Search Warrant, Amended 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 Messermashall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
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DEPUTY PM4
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LATAH: 58
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
Wal-Mart Stores Inc. WARRANT AND RELATED Attn Legal Department DOCUMENTS 702 SW 8th St Bentonville, AR 72716 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 14, 2023, or further order of the Court, whichever occurs first.
SO ORDERED 12/15/229 11:58 am Meeunimashall Magistrate Judge
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CASE CLRK
BY DEC
NO OF 14
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2022
LATAH COUNTY PROSECUTOR'S OFFICE CT
JENNINGS DEPUTY PM4
ASHLEY S..
DEPUTY PROSECUTING ATTORNEY LATAH:
SR. 11
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 Wal-Mart Stores Inc. MOTION TO SEAL SEARCH Attn Legal Department WARRANT AND RELATED 702 SW 8th St DOCUMENTS Bentonville, AR 72716 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 Sealing Search Warrant and Related Documents, including the Affidavit for for an Order 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 14th day of December, 2022.
Asher Sings
SHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 2
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DEPUTY PM4
OFFICE.
LATAH COUNTY PROSECUTOR'S LATAH: 58
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. CR29- For a Search Warrant for:) ) Wal-Mart Stores Inc.) RETURN OF Legal Department) SEARCH WARRANT Attn 702 SW 8th St) Bentonville, AR 72716) ) MPD Case No. 22-M09903
STATE OF IDAHO)
: ss.
County of Latah) Mowery, the officer by whom this Warrant was executed, do certify the appended I, Lawrence and detailed account of all property taken by me or other officers pursuant inventory contains a true that this Warrant and property have been duly returned before Judge Megan E.
to this Warrant, and Marshall at 9 o'clock a.m., this 14th 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.
JEN ZEM 162
12/14/2022 (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 12 years;
(2) (3) On 11/21/22, I obtained a search warrant for Walmart;
(4) The warrant was served on 11/28/22, by email (fax, email, etc);
On 12/09/2022, I received an e-mail from Walmart which contained the requested (5) 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.
LAURENCE MOJERY
Affiant or declare) under penalty of perjury pursuant to the law the State of Idaho that I certify ( the foregoing is true and correct.
162
12/14/2022 (Date) (Signature)
AFFIDAVIT 1
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН
IN THE MATTER OF Case No.
THE APPLICATION
FOR A SEARCH WARRANT FOR
Wal-Mart Stores Inc. RECEIPT AND
INVENTORY OF WARRANT
702 SW 8th St Bentonville, AR 72716 On the 28th day of November 2022, at approximately 1:16 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
Ka-Bar KA1217S, USMC Fighting Knife Sheath Ka-Bar Full Size USMC Straight Edge Knife
INVENTORY PAGE 1 OF 2_PAGES
RECEIPT AND
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 ட 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 14 day of December 20 22
PEACE OFFICER
WITNESS
The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20:
AND INVENTORY PAGE 2 OF 2_PAGES
RECEIPT
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PROSECUTOR'S OFFICE.
LATAH COUNTY LATAH: 59
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:) Wal-Mart Inc.) Attn Legal Department) ORDER 702 SW 8th St) Bentonville, AR 72716) ) MPD Case No. 22-M09903 above-titled matter, this Court having heretofore issued a Search Warrant, and the said In the having been served according to law, and the Return of Warrant having been duly Search Warrant directed in said Search Warrant to this Court, and a written inventory of the property found made as been duly made and taken before the undersigned Magistrate or Judge and filed and seized having herein;
NOW, THEREFORE IT IS HEREBY ORDERED that the said Peace Officer shall deliver or the property described in said inventory to the Moscow Police Department or cause to be delivered, enforcement agency as may be appropriate for the purpose of preserving said property such other law evidence or until further order of a court of competent jurisdiction. Once any related for use as case has been concluded, including the expiration of time for appeal, or at such other criminal
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_12 / 15 / 2ze 11:58 am Megan mashall Megan E. Marshall Magistrate Judge
ORDER 2
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DEPUTY PM4
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LATAH: 58
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 for a Search Warrant for:
Case No.
Wal-Mart Stores Inc.
Attn Legal Department SEARCH WARRANT 702 SW 8th St Bentonville, AR 72716 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 that the property referred to and sought in or upon said premises consists of records and / or documents (" records " and " documents " mean any and all tangible forms of expression in your possession, custody, or control, in any language or format, and include, but are not limited to, writings, papers, and tape recordings, electronic video and audio recordings (e.g. video surveillance), microform, electromagnetic recordings, optical recordings, electronic files or records, photographs, drafts, finished versions, originals, and copies, however created, produced, or stored. Video
REDACTED
SEARCH WARRANT 1
surveillance / images pertaining to account transactions (to include account opening, deposit, withdrawals, etc.) are included with this subpoena request. Supporting information can be provided to help identify surveillance video / images for some of the transactions) for the crime (s) of homicide in the possession or control of Wal-Mart related to the sales of the following items for the period of January 1, 2022 to present:
1. Ka-Bar KA1217S, USMC Fighting Knife Sheath;
2. Ka-Bar Full Size USMC Straight Edge Knife;
The records shall include but are not limited to:
All Open and Closed accounts: all records pertaining to the individuals (s) or business
• whether held jointly or severally or as trustee or fiduciary entities identified in this letter well as custodian, executor or guardian, as well as any other entity in which these as these individual (s) or entities may have a financial interest; includes all accounts in which signatory authority and / or the right of withdrawal; these records should individuals had include:
• Signature cards.
Statement Data / Monthly Account Statements.
Ο assigned on all Debit Cards on account.
• Identification of and name Deposits and supporting documentation including but not limited to evidence of o cancelled deposited checks front and back, transfers from other accounts cash, including full account number and name, and other credit information.
Checks and other withdrawals including but not limited to cancelled checks front back, withdrawals and offsets, evidence of cash withdrawals, transfers from and accounts including account number and name, other debit information.
other transfers in and out including wire transfer instructions and evidence of Ο Wire requestor if possible.
Evidence of cash transactions and identifying information of individuals Ο conducting cash transactions.
Identification of sender or recipient bank, full account number, and account name on ACH transfers, online transfers, teller transfers, or other transfers.
Internet records: for those customers who engage in online banking with your Electronic /
• the following information pertaining to that online banking account:
financial institution, or other identifying information for the account; e-mail addresses associated usernames with the account to include any and all of the above information for any secondary or mail addresses and or user names identified by you as belonging to the additional e - account in this letter; historical access logs for authentication to the account targeted
SEARCH WARRANT 2
including Internet Protocol (IP) addresses for this account and date, time and duration of each session.
Credit Card records (e.g. MasterCard and Visa): including customer's application,
• monthly signature card, credit or background investigations conducted, correspondence, billing statements, individual charge invoices, repayment records, disclosing the date, amounts and method of repayment, checks used to make repayments (front and back).
Correspondence: all records of correspondence / communication between the customer and • the financial institution relating to the above services or for any other purpose, including customer service inquiries or requests for assistance.
Other records: all applications, forms, and other written documents completed by the
• collections, letter credit, bonds customer; records of certified checks, wire transfers, or and securities purchased through your financial institution, savings bond transaction and investment accounts. Such records that disclose the date and amount of the transaction, method (cash or check) and source of payment, instruments and statements of transactions; all correspondence with the above individual (s) / entities and / or with third parties regarding the above individual (s) / entities; all memoranda, notes, files, or records relating to meetings or conversations concerning the above individual (s) / entities.
Located at the following premises:
Wal-Mart Stores Inc ATTN Legal Department 702 SW 8th St Bentonville AR 72716
Ph: 479-277-5619 Email:
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), and UNDER THE "
FOLLOWING SPECIAL DIRECTIONS:
** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT
PURPOSE, WAL-MART 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.
SEARCH WARRANT 3
WAL-MART 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
4:36 P.m.
Megan & Marshall Magistrate Judge
SEARCH WARRANT 4
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DEPUTY CT PM4
.:
LATAH 33
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
Wal-Mart Stores Inc.
Attn Legal Department 702 SW 8th St Bentonville, AR 72716 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 6, 2023.
SO ORDERED this _12 / 5 / 22 4:20 PM Meganemashall Magistrate Lidge
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 12/5/22
TONYA DODGE
Latah County Clerk of the Court
By: Aliphout Deputy Clerk
ORDER FOR EXTENSION TO
RETURN SEARCH WARRANT 2
CLRK
DEC
OF
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DIST 2022
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT PM3
SR. DEPUTY PROSECUTING ATTORNEY.:
LATAH 50
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 LATАН
In the Matter of the Case No.
Application for a Search Warrant for MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT
Wal-Mart Stores Inc.
Attn Legal Department 702 SW 8th St Bentonville, AR 72716 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 21st day of November, 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 28th day of November, 2022, by email. However, as of this date, the information has not been received.
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 1
Although the warrant was executed within the fourteen (14) day timeframe directed by 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.
5th day of December, 2022.
RESPECTFULLY SUBMITTED this Ashlessings
ASHLEY S. JENNINGS JEN
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN SEARCH WARRANT 2