Court Filing
CASE
CLRK
NO SEP
OF
CR29-22-2805 8
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:
Amazon.com (Amazon) Corporation Service Company (CSC) ORDER TO SEAL AND REDACT
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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 megunemashall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE CLRK
BY
JUL
NO OF
. 6
DIST 2023
CT PM5
DEPUTY.
LATAH: 37
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 Amazon.com. (Amazon) ORDER TEMPORARILY Corporation Services Company (CSC) SEALING SEARCH
Attn: Legal Department WARRANT AND RELATED 300 Deschutes Way SW, Suite 304 DOCUMENTS Tumwater WA 98501 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 September 1, 2073or further order of the Court, whichever occurs first.
SO ORDERED this 7/4/202305: 07 101 시 me aslall Magistrate Judge
ORDER TEMPORARILY SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CASE CLRK
BY JUL
NO OF
5
. DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE --
CT PM2
ASHLEY S. JENNINGS DEPUTY
---.:
SR. DEPUTY PROSECUTING ATTORNEY LATAH 23
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 Amazon.com. (Amazon) MOTION TO TEMPORARILY SEAL Corporation Services Company (CSC) SEARCH WARRANT AND RELATED
Attn: Legal Department DOCUMENTS PENDING HEARING 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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:
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 1
1. Interfere with enforcement proceedings;
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 5th day of July, 2023.
As
ASHLEY S. JENNINGS JEN
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 2
CASE CLRK
BY
JUL
NO
OF
. 6
DIST 2023
DEPUTY CT PM5
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:) ( Amazon.com. (Amazon)) Corporation Services Company (CSC))
Attn: Legal Department) ORDER 300 Deschutes Way SW, Suite 304) Tumwater WA 98501) ) 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 7/4/20239 5:07 PM
Mesancmashall Megan E. Marshall Magistrate Judge
ORDER 2
CASE CLRK
BY
JUL
NO OF
. 6
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE CT
DEPUTY PM5
MICHAEL G. CAVANAGH.
DEPUTY PROSECUTING ATTORNEY LATAH: 37
Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 7427 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:) ) Amazon.com. (Amazon)) RETURN OF Corporation Services Company (CSC)) SEARCH WARRANT
Attn: Legal Department) 300 Deschutes Way SW, Suite 304 ( Tumwater WA 98501) ) 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 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 1600 o'clock p.m., this 5th day of July, 2023..
I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
LE
7/5/2023 (Date) Peace Officer
REDACTED
RETURN OF SEARCH WARRANT
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 12 years;
(3) On May 8, 2023, I obtained a search warrant for Amazon;
(4) The warrant was served on May 10, 2023, by https://ler.amazon.com/us;
(5) On June 27, 2023, FA Douglass received the requested data;
(6) On July 5, 2023, I received an e-mail from FA Douglass which contained the requested information;
(7) An inventory was prepared for all the items received; and (8) The information received was placed into evidence at 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.
7/5/2023 (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.
THE APPLICATION
FOR A SEARCH WARRANT FOR
Amazon.com. (Amazon) RECEIPT AND 300 Deschutes Way SW, Suite 304 INVENTORY OF WARRANT Tumwater WA 98501 On the 10 day of May 2023, at approximately 0905 o'clock A.M., the following peace officers: Det Lawrence Mowery & FA Michael Douglass 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: https://ler.amazon.com/us 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 2 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 5th day of July 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 2 OF 2 PAGES
CASE CLRK
BY
JUL
NO OF
. 6
DIST 2023
DEPUTY CT PM5
.:
LATAH 37
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:) ) Amazon.com. (Amazon)) SEARCH WARRANT Corporation Services Company (CSC))
Attn: Legal Department) 300 Deschutes Way SW, Suite 304) Tumwater WA 98501) ) 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 there is information regarding the crime (s) of homicide and burglary occurring at 1122 King Road, Moscow, Idaho on or about November 13, 2022 is on the following Amazon accounts for March 20, 2022 through March 30, 2022 and November 1, 2022 through December 6, 2022:
• Customer name:
• Customer Email:
Shipping Phone:
to include:
• All detailed customer click activity pertaining to knives and accessories;
• All details of payment methods used for orders made on the account;
• All details of items in carts, to include all items added to cart, all items removed or deleted from cart, and all items saved in cart, wish listed or shopping baskets;
• All suggestions made to account, to include any and all data maintained by Amazon
SEARCH WARRANT 1
REDACTED
revealing items suggested for purchase or viewing for the user;
• All records pertaining to reviews pertaining to any and all data of items reviewed by the user, reviews by other Amazon users viewed by the user and comments the user made;
• Advertising data to include all advertising related to the account including but not limited to advertising cookies;
• Any information identifying the device or devices used to access the account, including a device serial number, a GUID or Global Unique Identifier, Android ID, a phone number, serial numbers, MAC addresses, 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 Number (" MSISDN "), International Mobile Subscriber Identifiers (" IMSI "), or International Mobile Equipment Identities (" IMEI "), and any other information regarding the types of devices used to access the account;
All accounts linked to the Target Account (including where linked by machine cookie or other cookie, creation or login IP address, recovery email or otherwise);
which is stored at premises owned, maintained, controlled, or operated by Amazon.com., a free online messaging application at:
Amazon.com Corporation Service Company (CSC)
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater, WA 98501 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 service only (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:
SEARCH WARRANT 2
** AMAZON.COM. (AMAZON) SHALL DISCLOSE THE DESCRIBED PROPERTY
AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 26th day of March, 2023, at
4:58 p.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 3
CLRK
JUN
OF 12
DIST 2023
CT
PM1
.
LATAH:
19
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 AMENDED SEARCH
WARRANT
Amazon.com (Amazon) Corporation Service Company (CSC)
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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 July 28, 2023.
SO ORDERED this 10/12/2023 Megun @ mashall Magistrate Judge
ORDER FOR EXTENSION TO
RETURN AMENDED SEARCH WARRANT 1
CERTIFICATE OF DELIVERY
I do hereby certify that true and correct copies of the ORDER FOR EXTENSION TO RETURN AMENDED 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
6/12/23 Dated
JULIE FRY
Latah County Clerk of the Court By:
Deputy Clerk
ORDER FOR EXTENSION TO
RETURN AMENDED SEARCH WARRANT 2
CLRK
JUN
OF 12
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT AM10
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH:
Latah County Courthouse 54 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 SECOND
EXTENSION TO RETURN
AMENDED SEARCH
WARRANT
Amazon.com (Amazon) Corporation Service Company (CSC)
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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 amended search warrant which was issued on May 8, 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 Detective Lawrence Mowery on May 10, 2023, by email. However,
MOTION FOR SECOND EXTENSION TO
RETURN AMENDED SEARCH WARRANT 1
as of this date, the information has not been received.
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.
June As 12th day of May, 2023.
RESPECTFULLY SUBMITTED this Ashley Sing
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION FOR SECOND EXTENSION TO
RETURN AMENDED SEARCH WARRANT 2
CASE CLRK
BY
MAY
NO OF
. 22
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS DEPUTY CT
PM4
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH: 40
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 AMENDED SEARCH
WARRANT
Amazon.com (Amazon) Corporation Service Company (CSC)
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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 amended search warrant which was issued on May 8, 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 Detective Lawrence Mowery on May 10, 2023, by email. However, as of this date, the information has not been received.
MOTION FOR EXTENSION TO
RETURN AMENDED 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.
RESPECTFULLY SUBMITTED this 22ndday 22nd day of May, 2023.
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION FOR EXTENSION TO
RETURN AMENDED SEARCH WARRANT 2
CASE CLRK
BY MAY
NO OF 24
. DIST
2023
DEPUTY CT AM11
.
LATAH:
27
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 AMENDED SEARCH
WARRANT
Amazon.com (Amazon) Corporation Service Company (CSC)
Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater WA 98501 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 June 12, 2023.
SO ORDERED this 5 / 24 / 2023 @ 16: 15 am Memimashall Magistrate Judge
ORDER FOR EXTENSION TO
RETURN AMENDED SEARCH WARRANT 1
CERTIFICATE OF DELIVERY
I do hereby certify that true and correct copies of the ORDER FOR EXTENSION TO RETURN AMENDED 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