Court Filing
CASE CLRK BY JAN NO OF 23 . DIST 2024 CT PM12 DEPUTY . LATAH : 12 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: Microsoft Corporation 1 Microsoft Way ORDER TO SEAL AND REDACT Redmond, WA 98052 MPD Case No. 22-M09903 This matter came before the court on January 3, 2024 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: 1/22/2024 shall Megan E Marshall Magistrate Judge ORDER TO SEAL AND REDACT - - 1 CASE CLRK BY NOV NO OF . 17 DIST 2023 DEPUTY CT PM4 LATAH. 09: IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LAТАН In the Matter of the) Application for Search) Warrants for) Case No. CR29-22-2805 ) V.) ORDER CONTINUING ) TEMPORARY SEAL OF SEARCH Microsoft Corporation) WARRANTS AND RELATED 1 Microsoft Way) DOCUMENTS PENDING Redmond, WA 98052) HEARING ) Meta Platforms, Inc.) 1601 Willow Road) Menlo Park, CA 94025) ) TikTok.com) 10100 Venice Blvd., Suite 401) Culver City, CA 90232) ) MPD Case No. 22-M09903) Based upon the " Stipulation to Continue Seal of Search Warrants and Related Documents Pending Hearing " filed herein, the Court does hereby confirm and TEMPORARILY 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 for the following search warrants: (1) Microsoft Search Warrant (Order of Return signed on August 25, 2023); (2) Meta Search Warrant (Order of Return signed on ORDER CONTINUING TEMPORARY 1 SEAL OF SEARCH WARRANTS AND RELATED DOCUMENTS PENDING HEARING September 12, 2023); and (3) TikTok Search Warrant (Order of Return signed on August 25, 2023); are confidential, exempt from disclosure and are SEALED pursuant to Court Administrative Rule 32 (g) (1) until February 1 2025 / or further order of the Court, whichever occurs first. SO ORDERED this 11/17/2003 mermashall Magistrate Judge ORDER CONTINUING TEMPORARY 2 SEAL OF SEARCH WARRANTS AND RELATED DOCUMENTS PENDING HEARING CASE CLRK BY NOV NO OF . 17 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT ASHLEY S. JENNINGS DEPUTY PH4 SR. DEPUTY PROSECUTING. ATTORNEY LATAH: 02 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 for Search) Warrants for) Case No. CR29-22-2805 ) V.) STIPULATION TO CONTINUE ) SEAL OF SEARCH WARRANTS Microsoft Corporation) AND RELATED DOCUMENTS 1 Microsoft Way) PENDING HEARING Redmond, WA 98052) Meta Platforms, Inc. 1601 Willow Road Menlo Park, CA 94025) ) TikTok.com) 10100 Venice Blvd., Suite 401) Culver City, CA 90232) ) MPD Case No. 22-M09903 COMES NOW the State of Idaho and the above-named defendant, by and through their respective attorneys of record, and hereby stipulate to the entry of an order extending the temporary sealing of the following: (1) Microsoft Search Warrant and related STIPULATION TO CONTINUE SEAL OF SEARCH WARRANTS AND RELATED DOCUMENTS PENDING HEARING 1 documents (Order of Return signed on August 25, 2022); (2) Meta Search Warrant and related documents (Order of Return signed on September 12, 2023); and (3) TikTok Search Warrant and related documents (Order of Return signed on August 25, 2023). The above documents are currently sealed until December 1, 2023; however, the parties and court's calendar cannot accommodate a hearing prior to December 1, 2023. The parties stipulate setting this matter after December 1, 2023, and request that the above documents remain temporarily sealed until a hearing on the matter pursuant to Idaho Court Administrative Rule 32 (g) (1). 17th day of November 2023. RESPECTFULLY SUBMITTED this an Ashwings Ashley S. Jennings Anne Taylor Sr. Deputy Prosecuting Attorney Attorney for Defendant STIPULATION TO CONTINUE SEAL OF SEARCH WARRANTS AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY AUG NO OF 28 . DIST 2023 CT DEPUTY AM7 . LATAH: 10 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 Microsoft Corporation DOCUMENTS 1 Microsoft Way Redmond, WA 98052 MPD Case No. 22-M09903 Based upon the Motion to Seal Search Warrant and Related Documents filed herein, the Court does hereby confirm and TEMPORARILY 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 Dicembu 1,2023 or further order of the Court, ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 whichever occurs first. SO ORDERED this 8/25/2023 megamashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK AUG NO OF 24 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT PM4 SR. DEPUTY PROSECUTING ATTORNEY. LATAH 38: 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 Microsoft Corporation MOTION TO TEMPORARILY 1 Microsoft Way SEAL SEARCH WARRANT AND Redmond, WA 98052 RELATED DOCUMENTS PENDING HEARING 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 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. Jutth day of August RESPECTFULLY SUBMITTED this 2023. Ahlu NGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK AUG NO OF . 28 DIST 2029 DEPUTY CT AM7 LATAH. : 10 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:) ) Microsoft Corporation) ORDER 1 Microsoft Way) Redmond, WA 98052) ) 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 8/25/2028 @ 12: 47 pu meanemad all Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK AUG NO OF . 28 DIST 2023 DEPUTY CT AM7 LATAH COUNTY PROSECUTOR'S OFFICE. ASHLEY S. JENNINGS LATAH: 10 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 2 o'clock p.m., this 24th 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. 8/24/2023 REDACTED (Date) Peace Officer 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 7/24/23, I obtained a search warrant for Microsoft OneDrive; (4) The warrant was served on 7/25/2023, by LE Portal https://leportal.microsoft.com/; (5) On 8/23/2023, Cpl Payne received an email from Microsoft stating the data was available to download; (6) Cpl Payne downloaded the data and provided it to me; (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. 8/24/2023 (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 Microsoft Corporation RECEIPT AND 1 Microsoft Way INVENTORY OF WARRANT Redmond, WA 98052 On the day of 20, at approximately o'clock.M., the following peace officers: Detective 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://leportal.microsoft.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 IMEI OneDrive ResID 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 24 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 2 OF 2 PAGES CASE CLRK AUG NO OF 28 . DIST 2029 CT AM7 DEPUTY . LATAH : 10 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:) ( Microsoft Corporation) SEARCH WARRANT 1 Microsoft Way) Redmond, WA 98052 ( ) 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 related to the crimes of homicide and / or burglary committed at 1122 King Road in Moscow, Idaho on or about November 13, 2022 on the records currently under the control of Microsoft associated with and any the following account information: SEARCH WARRANT 1 REDACTED • IMEI OneDrive ResID Which shall include the following information between January 1, 2022 to December 30, 2022: 1. Account Information-User name, primary email address, secondary email MEM addresses, connected applications and sites, and account activity from [insert 7/25/2023 January 1, 2022 to December 30, 2022 date] to [insert date], including account sign in locations, browser information, platform information, and internet protocol (IP) addresses; 2. User Devices Information-Device make, model, and International Mobile Equipment Identifier (IMEI) or Mobile Equipment Identifier (MEID) of all associated devices linked to the Microsoft Corporation accounts of the target device; 3. Evidence of user attribution accounts, e-mail accounts, passwords, PIN codes, account names, user names, screen names, remote data storage accounts, credit card number or other payment methods, contact lists, calendar entries, text messages, voice mail messages, pictures, videos, telephone numbers, mobile devices, physical addresses, historical GPS locations, two-step verification information, or any other data that may demonstrate attribution to a particular user or users of the account (s). 4. Calendar All calendars, including shared calendars and the identities of those with whom they are shared, calendar entries, notes, alerts, invites, and invitees; 5. Contacts All contacts stored by Microsoft Corporation including name, all contact phone numbers, emails, social network links, and images; 6. Finance-All records of securities, funds, and portfolios associated with the target Microsoft Corporation account and / or target device; 7. Email-All email messages including by way of example and not limitation, such as inbox messages whether read or unread, sent mail, saved drafts, chat histories, and emails in the trash folder. Such messages will include all SEARCH WARRANT 2 information such as the date, time, internet protocol (IP) address routing information, sender, receiver, subject line, any other parties sent the same electronic mail through the ' cc ' (carbon copy) or the ' bcc ' (blind carbon copy), the message content or body, and all attached files; 8. Photos-All images, graphic files, video files, and other media files stored in the OneDrive or other Microsoft Corporation photos service; 9. Location History-All location data whether derived from Global Positioning System (GPS) data, cell site / cell tower triangulation / trilateration, precision measurement information such as timing advance or per call measurement data, and Wi-Fi location. Such data shall include the GPS coordinates and the dates and times of all location recordings; 10. Microsoft Store-All applications downloaded, installed, and / or purchased by the associated account and / or device; 11. Search History-All search history and queries including by way of example and not limitation, such as World Wide Web (web), images, news, shopping, ads, videos, maps, travel, and finance. Search engines may include Internet Explorer, Microsoft Edge, and Bing; located in or upon the following described premises: Microsoft Corporation 1 Microsoft Way Redmond, WA 98052 E-mail: Fax: 425-708-0096 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 SERVICE ONLY pursuant to Idaho Criminal Rule 41, " daytime " means the hours between 6:00 a.m. and 10:00 p.m. local time). ** THIS SEARCH WARRANT IS ISSUED FOR A LAW ENFORCEMENT SEARCH WARRANT 3 PURPOSE, MICROSOFT IS ORDERED NOT TO DISCLOSE THE EXISTENCE OR CONTENTS OF THIS SEARCH WARRANT OR THE INFORMATION FURNISHED IN RESPONSE TO THE SEARCH WARRANT. ** GIVEN UNDER MY HAND and DATED this 25th day of July, 2023, at 11:38 a.m. pm Megan & Marshall Megar Marshall Magistrate Judge SEARCH WARRANT 4 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 Microsoft Corporation 1 Microsoft Way Redmond, WA 98052 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 September 4, 2023. SO ORDERED this 8/7/2023 Jashall 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 iphout Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CASE CLRK AUG NO OF . 7 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM3 DEPUTY. SR. DEPUTY PROSECUTING ATTORNEY LATAH 47: 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 O