Court Filing
CASE CLRK SEP NO OF . 8 CR29-22-2005 DIST 2023 DEPUTY CT PM3 .: LATAH 53 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: Spotify USA Inc. Legal Department ORDER TO SEAL AND REDACT 150 Greenwich Street New York, NY 10007 MPD Case No. 22-M09903 This matter came before the court on August 22, 2023 on the State's motion to seal or redact pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. 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), 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: 9/8/2073 Memuremashall Megal E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT -1 CLRK AUG OF 2 DIST 2023 CT PM4 . LATAH 31: 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 Spotify USA Inc. ORDER TEMPORARILY Legal Department SEALING SEARCH 150 Greenwich Street WARRANT AND RELATED New York, NY 10007 DOCUMENTS MPD Case No. 22-M009903 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 any exhibits and inventories 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 october | 2023 or further order of the Court, whichever occurs first. SO ORDERED this 8/2/2003 Mesarmashall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLRK CASE BY AUG OF NO 2. DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM3 DEPUTY SR. DEPUTY PROSECUTING ATTORNEY.: LATAH 10 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. CR29-22-2805 Application for a Search Warrant for Spotify USA Inc. MOTION TO TEMPORARILY SEAL Legal Department SEARCH WARRANT AND RELATED 150 Greenwich Street DOCUMENTS PENDING HEARING New York, NY 10007 MPD Case No. 22-M009903 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 a temporary Order Sealing Search Warrant and Related Documents, including the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including all exhibits of the inventories of items seized) and Order filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 1 2. Deprive a person of a right to a fair trial; 3. Constitute an unwarranted invasion of personal privacy, 4. Disclose the identity of a confidential source; and / or 5. Disclose investigative techniques and procedures. Wherefore, the State respectfully prays that the Court temporarily seal from public disclosure the Affidavit for Search Warrant, Search Warrant, Return of Search Warrant (including all Exhibits) and Order herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 pending a hearing on the matter. Ist day of August RESPECTFULLY SUBMITTED this 2023. ASHLEY S. JENNINGS JE Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CLRK AUG OF 2 DIST 2023 CT PM4 LATAH COUNTY PROSECUTOR'S OFFICE. ASHLEY S. JENNINGS LATAH: 31 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. CR29-22-2805 for a Search Warrant for:) ) Spotify USA Inc.) Legal Department) ORDER 150 Greenwich Street) New York, NY 10007) ) MPD Case No. 22-M09903 In the above-entitled matter, this Court having issued a Search Warrant, and no property was seized, said warrant has been returned to the Court at 4:00 o'clock p.m., this 1st day of August, 2023. DATED this 21 day of August, 2023. Megan Mashall Megan ' E. Marshall Magistrate Judge ORDER 1 CLRK AUG OF 2 DIST 2023 CT PM4 LATAH COUNTY PROSECUTOR'S OFFICE. Ashley S. Jennings LATAH 30: Sr. Deputy Prosecuting Attorney Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 Phone: (208) 883-2246 ISB No. 8491 paservice@latahcountyid.gov 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:) ) Spotify USA Inc.) RETURN OF Legal Department) SEARCH WARRANT 150 Greenwich Street) New York, NY 10007) ) 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 that I served said warrant on July 25, 2023, and that no property was seized pursuant thereto and that this Warrant has been duly returned before the Court at 4:00 o'clock p.m., this 1st day of August, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 8/1/2023 (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 13 years; (3) On July 25, 2023, I obtained a search warrant for Spotify; (4) The warrant was served on July 25, 2023, by email to (5) On July 26, 2023, I received an e-mail from Spotify which stated the requested information could not be located; 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 8/1/2023 (Date) (Signature) AFFIDAVIT 1 CLRK AUG OF 2 DIST 2023 CT PM4 . LATAH 31: 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:) ) Spotify USA Inc.) Legal Department) SEARCH WARRANT 150 Greenwich Street) New York, NY 10007) ) 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 investigation of the homicide (s) and / or burglary at 1122 King Road, Moscow, Idaho or about November 13, 2022 on the Spotify account of with any of the following IDENTIFIERS: Email address (es) and / or and / or; and / or phone number ; and / or IMEI generated on or between June 1, 2022 to present, including: SEARCH WARRANT 1 REDACTED Logs of user actions with the Spotify Service (including date and time), to include: search queries; streaming history; playlists; user library; browsing history; account settings; interactions with other Spotify users; user third party services, devices and applications in connection with the Spotify Service; user content when participating in Spotify promotions, such as contests or sweepstakes; user content posted to any part of the Spotify Service; images, audio, text, titles, descriptions, communications, and other types of content; Technical data to include: URL information; online identifiers such as cookie data and IP addresses • Information about the user devices to include: device IDs; network connection type (e.g. wifi, 4G, LTE, Bluetooth); provider; network and device performance; browser type; language; information enabling digital rights management; operating system; Spotify application version • Information collected to discover and connect with third party devices and applications to include: device name; device identifiers; brand and version. Examples of third-party devices and applications are: devices on user wifi network (such as speakers) which can connect to the Spotify Service user devices ' operating system makes available when connecting via Bluetooth, plugin, and installation Spotify partner applications to determine whether the application is installed on a user's device User general (non-precise) location to include country, region or state User device sensor data to include motion-generated or orientation-generated device sensor data which the user device collects about the way the user moves or holds their device. Subscriber information, to include: name; date of birth; payment method type; card type, expiration date, and digits of card number; ZIP / postal code; mobile phone number; details of user purchase and payment history; SEARCH WARRANT 2 that is stored at premises owned, maintained, controlled, or operated by: Spotify USA Inc Attn: Legal Department 150 Greenwich Street New York, NY 10007 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 above named. This warrant shall be executed within 14 days of issuance, and is authorized for daytime or nighttime (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, SPOTIFY 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. SPOTIFY SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 25th day of July, 2023, at 11:12 a.m. Megan Marshall Magistrate Judge SEARCH WARRANT 3