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: Meta Platforms, Inc. 1601 Willow Road ORDER TO SEAL AND REDACT Menlo Park, CA 94025 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) 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 Meguremashall Megan gan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK 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 LATАН 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 Mequemashall 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 ASHLEY S. JENNINGS DEPUTY CT 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 shuning 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 SEP NO OF 12 . DIST 2023 CT PM5 DEPUTY . LATAH: 01 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 Decembu 1,2073, or further order of the Court, whichever occurs first. SO ORDERED 9/12/2023 Mequr Emashall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY NO OF 77 . LATAH COUNTY PROSECUTOR'S OFFICE DIST 077 ASHLEY S. JENNINGS DEPUTY CT SR. DEPUTY PROSECUTING ATTORNEY CWH Latah County Courthouse. LATAH: P.O. Box 8068 CT 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. 11th day of September, 2023. RESPECTFULLY SUBMITTED this AW ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY SEP NO OF . 12 DIST 2023 DEPUTY CT LATAH COUNTY PROSECUTOR'S OFFICE --- PM5 . ASHLEY S. JENNINGS LATAH: 01 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, CA 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 9/12/2023 Megan Mashall Megan E Marshall Magistrate Judge ORDER 2 CASE CLRK SEP NO OF . 12 DIST 2023 CT LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY PM5 . ASHLEY S. JENNINGS LATAH: 01 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 10 o'clock a.m., this 12th day of September, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. LEY 9/11/2023 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 Instagram (Meta); (4) The warrant was served 7/25/2023, by LE Online Portal; (5) On 9/6/2023, I received an email from Instagram, stating the data was available to download. (6) On 9/11/2023, I logged into the online portal and downloaded the requested data; (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. 9/11/2023 (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, Inc., RECEIPT AND 1601 Willow Road INVENTORY OF WARRANT Menlo Park, CA 94025 On the 25 day of July 2023, at approximately 1020 o'clock A.Μ., 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://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 Accounts associated with usernames: 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: Records < records@records.facebook.com > DATED this 11 day of September 20 23 Lawrence Mowery WITNESS PEACE OFFICERE 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 SEP NO OF 12 . DIST 2023 CT DEPUTY PM5 . LATAH: 01 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. (Instagram)) 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 / or burglary occurring at 1122 King Road, Moscow, Idaho on or about November 13, 2022 on the following Instagram accounts from June 23, 2022 to November 21, 2022: Xana Kernodle with identifier " "; Madison Mogen 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 Instagram 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 ' Instagram user identification members; groups and networks of which the user is a member, including the groups ' Instagram 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 Instagram 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 Instagram and any person regarding the user or the user's Instagram 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 24th day of July, 2023, at 4:38 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 3 CLRK SEP OF 1 DIST 2023 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 Case No. CR29-22-2805 Application for a Search Warrant for ORDER FOR EXTENSION TO RETURN SEARCH WARRANT Meta Platforms, Inc. 1601 Willow Rd 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 September 22, 2023. SO ORDERED this 9/01/2023 Megmi Manchall 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 9/1/23 Dated JULIE FRY Latah County Clerk of the Court TR By: Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CLRK SEP OF 1 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM2 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 MOTION FOR EXTENSION TO RETURN SEARCH WARRANT Meta Platforms, Inc. 1601 Willow Rd 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 July 24, 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,