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: Paypal / Venmo Attn: Global Asset Protection Team ORDER TO SEAL AND REDACT 2211 North First St. San Jose, CA 95131 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 Megane Mashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CLRK AUG OF 2 DIST 2023 CT PM4 .: LATAH 36 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 TEMPORARILY SEALING SEARCH WARRANT AND RELATED Paypal / Venmo DOCUMENTS Attn: Global Asset Protection Team 2211 North First St. San Jose, CA 95131 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 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 1,2623, or further order of the Court, whichever occurs first. SO ORDERED 8/2/2023 mememashall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLKK CASE AUG BY OF NO 2 DIST 2023. LATAH COUNTY PROSECUTOR'S OFFICE CT PM3 ASHLEY S. JENNINGS DEPUTY SR. DEPUTY PROSECUTING ATTORNEY. LATAH: 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. CR29-22-2805 Application for a Search Warrant for Paypal / Venmo MOTION TO TEMPORARILY Attn: Global Asset Protection Team SEAL SEARCH WARRANT AND 2211 North First St. RELATED DOCUMENTS San Jose, CA 95131 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 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 the inventory of items seized) and Order filed herein because release or disclosure would: MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS 1 1. Interfere with enforcement proceedings; 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 temporarily 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. 1st day of August, 2023. RESPECTFULLY SUBMITTED this ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CLRK AUG OF 2 DIST 2023 CT PM4 LATAH COUNTY PROSECUTOR'S OFFICE. ASHLEY S. JENNINGS LATAH: 36 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:) ) Paypal / Venmo) ORDER Attn: Global Asset Protection Team) 2211 North First St. ( San Jose, CA 95131) ) 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 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 8/2/2023 Megunemashall Megan E. Marshall Magistrate Judge ORDER 2 CLRK AUG OF 2 DIST 2023 CT PM4 LATAH COUNTY PROSECUTOR'S OFFICE.: LATAH 36 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. CR29-22-2805 For a Search Warrant for:) ) RETURN OF Paypal / Venmo) SEARCH WARRANT Attn: Global Asset Protection Team) 2211 North First St.) San Jose, CA 95131) 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 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 24, 2023, I obtained a search warrant for Paypal / Venmo; (4) The warrant was served on July 25, 2023, via LE portal https://safetyhub.paypal.com/; (5) On August 1, 2023, I received an email from Paypal / Venmo which directed me to the LE portal; (6) I logged into the LE portal and downloaded the data requested in the warrant; (7) An inventory was prepared for all the items received; and (8) 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 8/1/2023 (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. CR29-22-2805 THE APPLICATION FOR A SEARCH WARRANT FOR Paypal / Venmo RECEIPT AND 2211 North First St. INVENTORY OF WARRANT San Jose, CA 95131 On the 25 day of July 2023, at approximately 1133 o'clock A.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: LE Portal https://safetyhub.paypal.com/ 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 IMEI 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 1st day of August 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 3 OF 3 PAGES CLRK AUG OF 2 DIST 2023 CT PM4 LATAH.: 36 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 for a Search Warrant for: Case No. CR29-22-2805 PayPal Holdings, Inc. 2211 North First St. San Jose, CA 95131 SEARCH WARRANT 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 there is probable cause to believe that the property referred to and sought in or upon said premises consists of information related to the crime (s) of homicide and / or burglary occurring at 1122 King Road, Moscow, Idaho on or about November 13, 2022, to include all records from June 22, 2022 to December 31, 2022, associated with the PayPal account (s) associated with any of the following: : REDACTED SEARCH WARRANT 1 IMEI to include the following: All subscriber information, to include profile information, current customer name and address, billing information, billing records, billing address, mobile payments, bank accounts, credit cards, debit cards, restrictions, profile information, screen names, phone numbers, geo-location data, and associated e-mail addresses used by the individual (s) accessing the Internet and conducting financial transactions on PayPal using the PayPal user names listed above; All financial transaction data, to include dates, times, name of recipients, type of transaction, status of transaction, any identified subject, amounts, activity logs, associated banks or credit cards, and the account names and IP addresses of the sender and recipient; in the constructive or actual possession of the business known as PayPal Holdings, Inc., located at 2211 North First Street, San Jose, CA 95131, submission to be made via PayPal's Safety Hub Portal at https://safetyhub.paypalcorp.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. local time) and with the following conditions: ** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT PURPOSE, PAYPAL 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. PAYPAL SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 24th day of July, 2023, at 4:39 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 2