Court Filing
CASE CLRK BY SEP NO OF . 8 CA29-22-2805 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: YouTube Studio, C / O Google Google Custodian of Records ORDER TO SEAL AND REDACT 1600 Amphitheatre Parkway Mountain View, CA 94043 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: 9/8/2023 Mesanemashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY AUG NO OF . 14 DIST 2023 -- CT DEPUTY PM4 . LATAH: 45 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 YouTube Studio, C / O Google ORDER TEMPORARILY Google Custodian of Records SEALING SEARCH 1600 Amphitheatre Parkway WARRANT AND RELATED Mountain View, CA 94043 DOCUMENTS MPD Case No. 22-M009903 Based upon the Motion to Seal Search Warrant and Related Documents filed herein, the Court does hereby confirm 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 TEMPORARILY SEALED pursuant to Idaho Court Administrative Rule 32 (g) (1) for the reasons stated in the said Motion and until December 1, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 8/14/2023 me shall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK AUG NO OF 10 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT DEPUTY PM1 SR. DEPUTY PROSECUTING ATTORNEY. LATAH: Latah County Courthouse 57 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 YouTube Studio, C / O Google MOTION TO TEMPORARILY SEAL Google Custodian of Records SEARCH WARRANT AND RELATED 1600 Amphitheatre Parkway DOCUMENTS PENDING HEARING Mountain View, CA 94043 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. RESPECTFULLY SUBMITTED this 9th day of August, 2023. asnery & gunings ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY AUG NO OF . 14 DIST 2023 DEPUTY CT PM4 LATAH COUNTY PROSECUTOR'S OFFICE. LATAH: 45 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:) ( YouTube Studio, C / O Google) Google Custodian of Records) ORDER 1600 Amphitheatre Parkway ( Mountain View, CA 94043) ) 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 8/14/2003 megunemashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY AUG NO OF 14 . DIST 2023 CT PM4 DEPUTY. LATAH COUNTY PROSECUTOR'S OFFICE LATAH Ashley S. Jennings: 46 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. CR29-22-2805 for a Search Warrant for:) ) YouTube Studio, C / O Google) Google Custodian of Records) RETURN OF SEARCH WARRANT 1600 Amphitheatre Parkway) Mountain View, CA 94043) ) MPD Case No. 22-M09903) STATE OF IDAHO) : ss. : ss. County of Latah) I, 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 the Court at 1400 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. LE 8/9/2023 REDACTED (Date) Peace Officer RETURN OF SEARCH WARRANT 1 AFFIDAVIT OF DET. 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 the Moscow Police Department in the official position of Detective; (2) Affidavit has been a trained and qualified peace office for 13 years; (3) I currently work the day shift, 7:00 a.m. to 5:00 p.m.; (4) On July 25, 2023, I obtained a search warrant for YouTube; (5) The warrant was served on July 25, 2023, (6) On August 8, 2023, I received an email notifying me the download was available; (7) On August 9, 2023, I downloaded the data and an inventory was prepared for all the items received; (8) The information received was placed into evidence at Moscow Police Department. FURTHER your Affiant sayeth not. Detective Lawrence Mowery-162 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 8/9/2023 (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 YouTube Studio, C / O Google RECEIPT AND INVENTORY OF WARRANT 1600 Amphitheatre Parkway Mountain View, CA 94043 On the 25 day of July 2023, at approximately 1413 o'clock P.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: 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 9 day of August 20 23 Det Lawrence Mowery WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE OF 3 PAGES CASE CLRK BY AUG NO OF 14 . DIST 2023 CT PM4 DEPUTY. LATAH: 46 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:) ) YouTube Studio, c / o Google Inc.) SEARCH WARRANT Google Custodian of Records) 1600 Amphitheatre Parkway) Mountain View, 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. 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) related to 1122 King Road, Moscow, Idaho on or about November 13, 2022 on the YouTube 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 December SEARCH WARRANT 1 REDACTED 29, 2022, including: • Subscriber information including all names, addresses, emails, phone numbers, driver's license numbers, social security numbers, and any other personal identifiers; All device identifiers for all devices that logged into the above account, including IMEI, IMSI, MEID, MAC Address, browser types and versions used, cookies, web beacons, time zone setting and locations, operating system and platform and any other devices used to access the account; All IP addresses, with associated port IDs, collected in relation to this account; Any other accounts associated with this account or channel that have been provided with administrative privileges / permissions over that account / channel, including access status, account names, email addresses, phone numbers, device identifiers, and other personal identifiers; • All Settings data, including default currency / units, channel settings, upload settings, permissions, community settings (moderators, approved users, hidden users, blocked words, blocked links), comment settings; • All Dashboard data, including subscribers and their associated channels, date subscribed, subscriber count; • All Channel Content, including videos, visibility, restrictions, dates, views, comments, likes / dislikes, scheduled live content; All Playlists created and videos included within those playlists, visibility, dates, video count • All Channel Analytics, including all data contained in the overview, reach, engagement, audience, and revenue tabs / data subsets; Ο For each video in the Channel Analytics section, all data contained in each video's Video Analytics section, including details, analytics, editor, comments, and subtitles data subsets; • All Comments and Mentions, including whether the comment / mention is published or held for review; • All Subtitles, including default settings, languages, dates modified, title and description, and draft and published subtitles; • All Monetization and financial data, including application (s) for monetization, all financial accounts linked to the channel / creator account, all payments made to the account, all per-video revenue data (including total revenue and revenue per date / view / time of view / etc.); All Customization data, including layout, branding, and basic information; • All records pertaining to communications between Google / YouTube / YouTube Studios and any person regarding the user or the user's Google / YouTube / YouTube Studio account, including contacts with support services and records of actions taken; that is stored at premises owned, maintained, controlled, or operated by: SEARCH WARRANT 2 YouTube Studio, c / o Google Inc. Google Custodian of Records 1600 Amphitheatre Parkway Mountain View, CA 94043 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, YOUTUBE 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. YOUTUBE 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 11:11 a.m. Megan & Marshall Magistrate Judge SEARCH WARRANT 3 CASE CLRK BY AUG NO OF . 7 DIST 2023 DEPUTY CT PM5 .: LATAH 03 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 FOR EXTENSION TO RETURN SEARCH WARRANT YouTube Studio, C / O Google Google Custodian of Records 1600 Amphitheatre Parkway Mountain View, CA 94043 MPDvCase 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 September 4, 2023. SO ORDERED this8 / 7 / 2023 Megumemashall 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 8/8/2023 JULIE FRY Latah County Clerk of the Court By Without Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CASE CLRK BY AUG NO OF 7 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM3 DEPUTY. SR. DEPUTY PROSECUTING ATTORNEY LATAH: 46 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 MOTION FOR EXTENSION TO RETURN SEARCH WARRANT YouTube Studio, C / O Google Google Custodian of Records 1600 Amphitheatre Parkway Mountain View, CA 94043 MPDvCase 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 July 25, 2023. 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 Law Enforcement Portal on the July 25, 2023, by Detective Lawrence Mowery. 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. thday of August, 2023. RESPECTFULLY SUBMITTED this Ashleig ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 2