Court Filing
CASE CLRK BY JUL NO OF 13 CR29-22-2805 DIST 2023 DEPUTY CT PM2 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE. LATAH: 08 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 Meta Platforms, Inc. 1601 Willow Rd ORDER TO SEAL AND REDACT Menlo Park, CA 94025 MPD Case No. 22-M09903 This matter came before the court on June 27, 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, Jay Logsdon, and Elisa Massoth 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), (D), 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; (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; and (3) 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: 7/13/2023 megun Emashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT -1 CASE CLRK BY MAY NO OF . 12 DIST 2023 CT DEPUTY PM2 . LATAH: 56 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 Meta Platforms, Inc. ORDER TEMPORARILY 1601 Willow Road SEALING SEARCH Menlo Park, CA 94025 WARRANT AND RELATED 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 July 1, 2023, or further order of the Court, whichever occurs first. SO ORDERED 5/12/2023 Megun Emashall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE BY CLRK MAY NO OF 10 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT PM3 SR. DEPUTY PROSECUTING ATTORNEY. LATAH: 50 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 Meta Platforms, Inc. MOTION TO TEMPORARILY SEAL 1601 Willow Road SEARCH WARRANT AND RELATED Menlo Park, CA 94025 DOCUMENTS PENDING HEARING 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 10th day of May, 2023. Ashlynn ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY MAY NO OF 12 . DIST 2023 CT LATAH COUNTY PROSECUTOR'S DEPUTY PM2 OFFICE. ASHLEY S. JENNINGS LATAH: 56 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:) ) Meta Platforms, Inc.) ORDER 1601 Willow Road) Menlo Park, СА 94025) ) 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. DATED 5 / 12 / 2023 @ 12:49 PM Megunemarshall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY MAY NO OF . 12 DIST 2023 DEPUTY CT PM2 LATAH COUNTY PROSECUTOR'S OFFICE. LATAH: ASHLEY S. JENNINGS 56 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:) ) Meta Platforms, Inc) RETURN OF 1601 Willow Road) SEARCH WARRANT Menlo Park, CA 94025) ) 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 12:00 o'clock p.m., this 10th day of May, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. LEY 5/10/2023 (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 12 years; (3) On March 30, 2023, I obtained a search warrant for Instagram (Meta); (4) The warrant was served on April 3, 2023, through the law enforcement portal located at https://www.facebook.com/records/; (5) On May 9, 2023, I received an e-mail from Meta directing me to login to the portal to download the data; (6) The data was downloaded and an inventory was prepared for all the items received; and (7) The information received was placed into evidence at Moscow Police Department. FURTHER your Affiant sayeth not. Det 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. 5/10/2023 (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 Meta Platforms (Instagram) RECEIPT AND 1601 Willow Road INVENTORY OF WARRANT Menlo Park, CA 94025 On the 3 day of April 2023, at approximately 1055 o'clock A.Μ., 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: https://www.facebook.com/records/ 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 66 66 6 66 " (Was Not Received) RECEIPT AND INVENTORY PAGE 1 OF 2 PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON RECEIPT AND INVENTORY PAGE 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 10 day of May 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 ΜΑΥ NO OF . 12 DIST 2023 DEPUTY CT PM2 . LATAH: 57 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:) ) Meta Platforms, Inc.) SEARCH WARRANT 1601 Willow Road) Menlo Park, CA 94025) ) 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 property consists of information consists of information related to the crime (s) of homicide and burglary occurring at 1122 King Road, Moscow, Idaho on or about November 13, 2022 on the following Instagram accounts from June 23, 2022 to August 1, 2022: B F with identifier " D M with identifier "] • Ethan Chapin with identifier " '; Xana Kernodle with identifier " Kaylee Goncalves with identifier " to include: All user subscriber information to include, but not limited to, the FBID identification number, e-mail address, date and time stamp of account creation date displayed in GMT, most recent account log-ins in GMT, registered mobile number and verification on whether the number is publicly viewable; SEARCH WARRANT 1 REDACTED • The length of service (including start date), the types of service utilized by the user and the means and source of any payments associated with the service (including any credit card or bank account number) for the Facebook accounts listed above; User contact information to include name, birth date, contact email addresses, physical address, city, state, zip, home phone, cell phone, work phone, screen name and website; • All privacy settings and other account settings; • User Photoprint including all photos uploaded by that user ID and all photos uploaded by any user that has that user tagged, including any metadata, and EXIF data associated with the files, including date of upload and other metadata, if such information exists; All Neoprints, including profile contact information; mini-feed information; status updates, links to videos, photographs, articles, and other items; notes; wall posts; friend lists; including the friends ' Facebook user identification members; groups and networks of which the user is a member, including the groups ' Facebook group identification numbers; future and past event postings; rejected " friend " requests; comments; gifts; pokes; tags; and information about the user's access and use of Facebook applications, including any metadata associated with those files including date of upload and other metadata; • Any and all communications and messages received by or sent from the screen / usernames including all private messages and pending friend requests; • IP logs including all records of the IP addresses that logged into the accounts; and • All records pertaining to communications between Facebook and any person regarding the user or the user's Facebook account; including contacts with support services and records of action taken; located in or upon the following described premises to-wit: Meta Platforms, Inc. Security Department / Custodian of Records 1601 Willow Rd Menlo Park, СА 94025 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. PST), and under the following special directions: SEARCH WARRANT 2 ** META SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 30th day of March, 2023, at 2:29 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 3 CASE CLRK MAY NO OF . 2 DIST 2023 CT PM5 DEPUTY .: 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 Meta Platforms, Inc. 1601 Willow Road Menlo Park, CA 94025 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 May 23, 2023. SO ORDERED this 5/2/2003 shall 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 5/14/23 Dated JULIE FRY Latah County Clerk of the Court By: 20 Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CLRK MAY OF 22023 DIST LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM SR. DEPUTY PROSECUTING ATTORNEY. 1:47 LATAH 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 Meta Platforms, Inc. 1601 Willow Road Menlo Park, CA 94025 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 search warrant which was issued on the 30th day of March, 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 the 3rd day of April, 2023, by Portal. On April 13, 2023, an order was signed extending the return to May 4, 2023. 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. gnd day of May, 2023. RESPECTFULLY SUBMITTED this ASH ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 2 CASE CLRK APR NO OF . 13 DIST 2023 DEPUTY CT AM9 . LATAH: 56 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 Meta Platforms, Inc. 1601 Willow Road Menlo Park, CA 94025 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 May 4, 2023. SO ORDERED this 4/13/2023 Megan Marshall 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 4-13-2023 JULIE FRY Latah County Clerk of the Court By: Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CLRK CASE APR BY OF NO 12 DIST 2023. LATAH COUNTY PROSECUTOR'S OFFICE CT AM9 ASHLEY S. JENNINGS. DEPUTY SR. DEPUTY PROSECUTING ATTORNEY LATAH: 02 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 Meta Platforms, Inc. 1601 Willow Road Menlo Park, CA 94025 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 search warrant which was issued on the 30th day of March, 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 the 3rd day of April, 2023, by Portal. However, as of this date, the information has not been received. Although the warrant was executed within the fourteen (14) day timeframe directed by MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 1 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 retu