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:
TikTok.com 10100 Venice Blvd., Suite 401 ORDER TO SEAL AND REDACT Culver City, CA 90232 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 (D), 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) That the documents contain facts or statements that might threaten or endanger the life or safety of individuals.
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: 1/22/24 Mesanemashall 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 LATAH
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 2024 / or further order of the Court, whichever occurs first.
SO ORDERED this 11/17/2003 Menemashall Magistrate Judge
ORDER CONTINUING TEMPORARY 2
SEAL OF SEARCH WARRANTS AND
RELATED DOCUMENTS PENDING HEARING
CASE CLRK
DU NOV
NO OF
. 17
DIST 2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS DEPUTY CT
PM4
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).
RESPECTFULLY SUBMITTED this 17th day of November 2023.
ashing 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
CLRK CASE
AUG
OF 28 NO
DIST.
2023
CT AM7
. DEPUTY
LATAH: 08
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 Tiktok.com ORDER TEMPORARILY 10100 Venice Blvd, Suite 401 SEALING SEARCH Culver City, CA 90232 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 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 December 1,203, or further order of the Court, whichever occurs first.
SO ORDERED this 8/25/2023 @ 12:57 PM mamashall Magistrate Judge
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CASE CLRK
AUG
NO OF
23
. DIST
2023
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT PM3
DEPUTY.
SR. DEPUTY PROSECUTING ATTORNEY LATAH:
Latah County Courthouse 23 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 Tiktok.com MOTION TO TEMPORARILY SEAL 10100 Venice Blvd, Suite 401 SEARCH WARRANT AND RELATED Culver City, CA 90232 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 23 day of August 2023.
Ashuring
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO TEMPORARILY SEAL SEARCH
WARRANT AND RELATED DOCUMENTS
PENDING HEARING 2
CASE CLRK
AUG
NO OF
. 28
DIST 2023
DEPUTY CT
LATAH COUNTY PROSECUTOR'S OFFICE AM7
.
ASHLEY S. JENNINGS LATAH: 08
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:) ) Tiktok.com) ORDER 10100 Venice Blvd, Suite 401) Culver City, CA 90232) ) 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 / 2025 @ 12:57 PM.
hall Marshal Magistrate Judge
ORDER 2
CASE CLRK
BY
AUG
NO
OF 28
.
DIST 2029
DEPUTY CT
LATAH COUNTY PROSECUTOR'S OFFICE AM7
.
Ashley S. Jennings LATAH: 08 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:) ) Tiktok.com) RETURN OF SEARCH WARRANT 10100 Venice Blvd., Suite 401) Culver City, CA 90232) ) 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 the Court at 2:00 o'clock p.m., this 22nd 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.
8/22/2023 REDACTED Pea Officer (Date)
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 24, 2023, I obtained a search warrant for TikTok;
(5) The warrant was served on July 25, 2023, via TikTok Law Enforcement Portal;
(6) On August 17, 2023, I received an email directing me to download the data;
(7) On August 22, 2023, I downloaded the data and an inventory was prepared for all the items received;
(8) A copy of the inventory receipt was emailed to ; and (9) 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
8/22/2023 (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
TikTok RECEIPT AND 10100 Venice Blvd, Suite 401 INVENTORY OF WARRANT Culver City, CA 90232 On the 25 day of July 2023, at approximately 1145 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://law-enforcement-tiktok-uscan.zendesk.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
phone number
RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES
DESCRIPTION OF PROPERTY LOCATION / PERSON
phone number phone number
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 22 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 3 OF 3 PAGES
CASE CLRK
BY AUG
NO OF
28
. DIST
2023
CT AM7
DEPUTY
.
LATAH: 09
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН
In the Matter of the Application) Case No. CR29-22-2805 For a Search Warrant for:) ) TikTok.com) 10100 Venice Blvd, Suite 401) SEARCH WARRANT Culver City, CA 90232) legal@TikTok.com) ) 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 into the crimes of homicide (s) and burglary committed at 1122 King Road, in Moscow, Idaho on or about November 13, 2022, on the TikTok accounts with any of the following identifiers:
1. Ethan Chapin's TikTok account with any of the following email address (es):;
and / or phone number; for account information between June 1, 2022, to November 14, 2022;
SEARCH WARRANT 1
REDACTED
2. Dylan Mortensen's TikTok account with any of the following email address (es):; and / or phone number; for account information between June 1, 2022, to present;
3. Bethany Funke with any of the following email address (es):
and / or; and / or phone و number; for account information between June 1, 2022, to present;
The above information shall include the following:
1. All identity and contact information, including full name, e-mail address, physical address (including city, state, and zip code), date of birth, phone numbers, gender, hometown, occupation, and other personal identifiers;
2. All past and current usernames associated with the account;
3. The dates and times at which the account and profile were created, and the Internet Protocol (" IP ") address at the time of sign-up;
4. All activity logs including IP logs and other documents showing the IP address, date, and time of each login to the account, as well as any other log file information;
5. All information regarding the particular device or devices used to login to or access the account, including all device identifier information or cookie information, including all information about the particular device or devices used to access the account and the date and time of those accesses;
SEARCH WARRANT 2
6. All data and information associated with the profile page, including photographs, " bios, " and profile backgrounds and themes;
7. All communications or other messages sent or received by the account;
8. All user content created, uploaded, or shared by the account, including any comments made by the account on photographs or other content;
9. All photographs and images in the user gallery for the account;
10. All location data associated with the account, including geotags;
11. All data and information that has been deleted by the user;
12. A list of all of the people that the user follows on TikTok and all people who are following the user (i.e., the user's " following " list and " followers " list), as well as any friends of the user;
13. A list of all users that the account has " unfollowed " or blocked;
14. All privacy and account settings;
15. All records of TikTok searches performed by the account, including all past searches saved by the account;
16. All information about connections between the account and third-party websites and applications; and,
17. All records pertaining to communications between TikTok and any person regarding the user or the user's TikTok account, including contacts with support services, and all records of actions taken, including suspensions of the account;
that is stored at premises owned, maintained, controlled, or operated by:
SEARCH WARRANT 3
TikTok.com 10100 Venice Blvd, Suite 401 Culver City, CA 90232 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:
** TIKTOK SHALL DISCLOSE THE DESCRIBED PROPERTY AND
INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 24th day of July, 2023, at
10:53 p.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 4
CASE CLRK
48
AUG
NO OF
. 7
DIST 2023
CT PM5
DEPUTY
.:
LATAH 02
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
Tiktok.com 10100 Venice Blvd, Suite 401 Culver City, CA 90232 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 m 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 8/8/2023
JULIE FRY
Latah County Clerk of the Court Biphout 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 DEPUTY CT PH3
SR. DEPUTY PROSECUTING ATTORNEY.:
LATAH 49
Latah County Courthouse P.O. Box 8068 Moscow, ID 83843
Ph