Court Filing
CASE CLRK
SEP
NO OF
. 8
0229-22-2805 DIST 2023
CT PM3
DEPUTY
.:
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:
Apple Inc., 1 Infinite Loop ORDER TO SEAL AND REDACT Cupertino, CA 95014 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: 9/8/2013 meganemashall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE CLRK
BY
AUG
NO OF
14
. DIST
2023
DEPUTY CT
PM1
.
LATAH: 30
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 TEMPORARILY
SEALING SEARCH
WARRANT AND RELATED
Apple Inc., DOCUMENTS 1 Infinite Loop Cupertino, CA 95014 MPD Case No. 22-M09903 Based upon the Motion to Temporarily 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 Decembu, 2023, or further order of the Court, whichever occurs first.
SO ORDERED this 8/14/2023.
megumimashall
ORDER TEMPORARILY SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CASE CLRK
BY AUG
NO OF 14
. DIST
2023
CT PM1
LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY
.
ASHLEY S. JENNINGS LATAH: 30
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:) ) Apple Inc.,) ORDER 1 Infinite Loop) Cupertino, CA 95014) ) 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.
8/14/2023
DATED
Merumashall Megan E Marshall Magistrate Judge
ORDER 2
CASE
BY CLRK
AUG
NO
. OF 11
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS DEPUTY CT
PM3
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH:
Latah County Courthouse 12 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 Apple Inc., MOTION TO TEMPORARILY 1 Infinite Loop SEAL SEARCH Cupertino, CA 95014 WARRANT AND RELATED
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 Temporarily 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 TEMPORARILY 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 10th day of August, 2023.
asheup & guning
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 2
CASE CLRK
BY
AUG
NO OF
. 14
DIST 2023
DEPUTY CT PM1
.
LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 30
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:) ) Apple Inc.) RETURN OF SEARCH WARRANT One Apple Park Way) Cupertino, CA 95014) ) MPD Case No. 22-M09903)
STATE OF IDAHO)
: SS.
County of Latah) I, Brett Payne, the officer by whom this Warrant was returned, 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 the Court at 2:00 o'clock p.m., this 9th 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.
8/9/23 # 157 Blu (Date) Peace Officer
REDACTED
RETURN OF SEARCH WARRANT 1
AFFIDAVIT OF DET. BRETT PAYNE
STATE OF IDAHO)
: ss.
County of Latah) I, Brett Payne, 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 the Moscow Police Department in the official position of Detective;
(2) Affidavit has been a trained and qualified peace office for 5 years;
(3) On August 1, 2023 Cpl Brett Payne obtained a search warrant for the Apple accounts associated with the identifiers: Apple ID:
(DSID), Apple ID: (DSID);
(4) The warrant was served by Cpl Payne on August 1, 2023, via (5) On August 9, 2023, Cpl Brett Payne and Det. Mowery downloaded the data and an inventory was prepared for all the items received;
(6) A copy of the inventory receipt was sent to and (7) The information received was attached to the Spillman case file.
FURTHER your Affiant sayeth not.
Cpl Brett Payne Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
8/9/23 # 157 (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. 22-M09903
THE APPLICATION
FOR A SEARCH WARRANT FOR
Apple Accounts: RECEIPT AND
DSID INVENTORY OF WARRANT
DSID
On the day of August 2023, at approximately 2:50 o'clock p.M., the following peace officers: Cpl Brett Payne 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: Digital Service to:
The person (s) found in said place were: NA 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
All Account information and associated Downloaded from secure portal data for the Apple Identifiers:
(DSID), Apple ID:
RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
(DSID Apple ID:
RECEIPT AND INVENTORY PAGE_2 OF 3_PAGES
This Receipt and Inventory was made in the presence of: NA A copy hereof was given to the following named person (s) on the 9 day of August 2023;
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: NA DATED this 9 day of August 2023.
# 157 Be
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
AUG
NO OF
. 14
DIST 2029
DEPUTY CT PM1
.
LATAH 30:
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:) ) Apple Inc.,) SEARCH WARRANT 1 Infinite Loop) Cupertino, CA 95014 ) MPD Case No. 22-M09903
TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN
ENFORCING ANY LAW OF THE STATE OF IDAHO.
Corporal Brett Payne, having given me proof, upon oath, this day showing probable cause establishing grounds for issuing a search warrant and probable cause to believe property consisting of 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 into burglary and / or homicides at 1122 King Road in Moscow, Idaho on or about November 13, 2022, on the Apple account and / or iCloud accounts associated with the following identifiers: Apple ID:
(DSID) and / or Apple ID:
(DSID 1) to include the following:
SEARCH WARRANT 1
REDACTED
a. All records or other information regarding the identification of the account, to include full name, physical address, telephone numbers, email addresses (including primary, alternate, rescue, and notification email addresses, and verification information for each email address), the date on which the account was created, the length of service, the IP address used to register the account, account status, associated devices, methods of connecting, and means and source of payment (including any credit or bank account numbers);
b. All records or other information regarding the devices associated with, or used in connection with, the account (including all current and past trusted or authorized iOS devices and computers, and any devices used to access Apple services), including serial numbers, Unique Device Identifiers (" UDID "), Advertising Identifiers (" IDFA "), Global Unique Identifiers (" GUID "), Media Access Control (" MAC ") addresses, Integrated Circuit Card ID numbers (" ICCID "), Electronic Serial Numbers (" ESN "), Mobile Electronic Identity Numbers (" MEIN "), Mobile Equipment Identifiers (" MEID "), Mobile Identification Numbers (" MIN "), Subscriber Identity Modules (" SIM "), Mobile Subscriber Integrated Services Digital Network Numbers (" MSISDN "), International Mobile Subscriber Identities (" IMSI "), and International Mobile Station Equipment Identities (" IMEI ") in order to ensure all devices of evidentiary value which could have been used in planning or commission of the above offenses are accounted for;
c. The contents of all emails associated with the account, including stored or preserved copies of emails sent to and from the account (including all draft emails and deleted emails), the source and destination addresses associated with each email, the date and time at which each email was sent, the size and length of each email, and the true and accurate header information including the actual IP addresses of the sender and the recipient of the emails, and all attachments in order to locate any materials referencing the planning or commission of the above offenses;
d. The contents of all instant messages associated with the account, including stored or preserved copies of instant messages (including iMessages, SMS messages, and MMS messages) sent to and from the account (including all draft and deleted messages), the source and destination account or phone number associated with each instant message, the date and time at which each instant message was sent, the size and length of each instant message, the actual IP addresses of the sender and the recipient of each instant message, and the media, if any, attached to each instant message;
e. The contents of all files and other records stored on iCloud, including all iOS device backups, all Apple and third-party app data, all files and other records related to iCloud Mail, iCloud Photo Sharing, My Photo Stream, iCloud Photo Library, iCloud Drive, iWork (including Pages, Numbers, Keynote, and Notes), iCloud Tabs and bookmarks, and iCloud Keychain, and all address books, contact and buddy lists, notes, reminders, calendar entries, images, videos, voicemails, device settings, and bookmarks in
SEARCH WARRANT 2
order to locate any potential source material or material created after the commission of the above offenses to include photos, videos, maps, etc;
f. All activity, connection, and transactional logs for the account (with associated IP addresses including source port numbers), including FaceTime call invitation logs, messaging and capability query logs (including iMessage, SMS, and MMS messages), mail logs, iCloud logs, iTunes Store and App Store logs (including purchases, downloads, and updates of Apple and third-party apps), My Apple ID and iForgot logs, sign-on logs for all Apple services, Game Center logs, Find My and AirTag logs, logs associated with web-based access of Apple services (including all associated identifiers), and logs associated with iOS device purchase, activation, and upgrades in order to locate any additional connectivity between the suspect and the victims in this case;
g. All records and information regarding locations where the account or devices associated with the account were accessed, including all data stored in connection with AirTags, Location Services, Find My, and Apple Maps;
h. All records pertaining to the types of service used;
i. All files, keys, or other information necessary to decrypt any data produced in an encrypted form, when available to Apple (including, but not limited to, the keybag.txt and fileinfolist.txt files);
located at premises owned, maintained, controlled, or operated by Apple Inc., a company headquartered at One Apple Park Way, Cupertino, California.
YOU ARE THEREFORE COMMANDED TO SEARCH the above-described premises for the property described above, TO SEIZE it if found and to 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. local time), AND UNDER THE FOLLOWING SPECIAL DIRECTIONS:
SEARCH WARRANT 3
** THIS SEARCH WARRANT IS ISSUED FOR A LAW
ENFORCEMENT PURPOSE, APPLE 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.
APPLE SHALL DISCLOSE THE DESCRIBED PROPERTY AND
INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 1st day of August, 2023, at
2:32 p.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 4