Court Filing
CASE CLRK BY JUL NO.CR29-22-2805 OF 13 DIST 2023 DEPUTY CT PM2 . 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 T-Mobile ORDER TO SEAL AND REDACT 4 Sylvan Way Parsippany, NJ 07054 Latah County, Idaho 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 megunemashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY JUN NO OF . 9 DIST 2023 CT PM3 DEPUTY . LATAH: 52 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 T-Mobile or T-Mobile America Records ORDER TEMPORARILY 4 Sylvan SEALING SEARCH Parsippany, NJ 07054 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 August 1, 2023 or further order of the Court, whichever occurs first. SO ORDERED_4 / 8 / 2023 @ 1:09 PM mesurmashall Magistrate Judge ORDER TEMPORARILY SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY JUN NO OF 8 . DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AM11 DEPUTY SR. DEPUTY PROSECUTING ATTORNEY. LATAH 08: 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 T-Mobile or T-Mobile America Records MOTION TO TEMPORARILY SEAL 4 Sylvan SEARCH WARRANT AND RELATED Parsippany, NJ 07054 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 8th day of June, 2023. asnery & gunins ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO TEMPORARILY SEAL SEARCH WARRANT AND RELATED DOCUMENTS PENDING HEARING 2 CASE CLRK BY JUN NO OF . 9 DIST 2023 CT PM3 DEPUTY LATAH COUNTY PROSECUTOR'S OFFICE. LATAH: ASHLEY S. JENNINGS 53 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:) ) T-Mobile) 4 Sylvan Way) ORDER Parsippany, NJ 07054) ) 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 1/8/2023 @ 1:09 PM Megamashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY JUN NO OF . 9 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE MICHAEL G. CAVANAGH DEPUTY CT PM3 DEPUTY PROSECUTING ATTORNEY.: LATAH 53 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) For a Search Warrant for:) ) Case No. CR29-22-2805 T-Mobile) RETURN OF 4 Sylvan Way) SEARCH WARRANT Parsippany, NJ 07054) ) 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 4 o'clock p.m., this 7th 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. 6/7/2023 (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 March 30, 2023, I obtained a search warrant for T- Mobile; (4) The warrant was served on March 30, 2023, by email (5) On May 30, 2023, I received an e-mail from T-Mobile which contained the requested information; (6) 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. 6/7/2023 (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 T-Mobile RECEIPT AND 4 Sylvan Way INVENTORY OF WARRANT Parsippany, NJ 07054 On the 30 day of March 2023, at approximately 1049 o'clock A.M., 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: 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 Wireless Number: 4782 Wireless Number: -4818 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 7 day of June 20 23 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 JUN NO OF . 9 DIST 2023 CT PM3 DEPUTY .: 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:) ) T-Mobile or T-Mobile America Records) SEARCH WARRANT 4 Sylvan) Parsippany, NJ 07054) ) 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 certain evidence of the crime (s) of homicide and burglary occurring at 1122 King Road, Moscow, Idaho on or about November 13, 2022 to-wit, user account information, location data, and stored communications held by T-Mobile, described in further detail as follows To the extent that the information is within the possession, custody, or control of T-Mobile, hereafter " the Service Provider, " including any messages, records, files, logs, or information that have been deleted but are still available to the Service Provider or have been preserved pursuant to a request made under 18 U.S.C. § 2703 (f), the Service Provider is required to disclose the following information to the government for the following listed account (s) and / or number (s): For the time period of: June 23, 2022 to August 1, 2022 SEARCH WARRANT 1 REDACTED T-Mobile Wireless Number: -4818 Subscriber Name: Unknown T-Mobile Wireless Number: -4782 Subscriber Name: Unknown To include both Historical Records and Real Time / Provisional Records 1. All customer / subscriber information, including any listed addresses, other listed telephone number (s), social security number (s), dates of birth, name (s), address (es), any other customer identifying information, mobile handset or device identifiers / serial numbers (MEID, ESN, IMSI, IMEI, SUPI), activation date and deactivation date, and point of purchase or location device was purchased if applicable. 2. Device Purchase Information. This is specifically to include the Date, Time and Location of where the device or any pre-paid refill cards were purchased as well as any information maintained about the purchase to include store name, store number, terminal number, and amount of purchase. 3. Any email addresses associated with the account or with the device that is currently on file and stored in the normal course of business of the Service Provider. 4. Call detail records, including detailed information in reference to all known outgoing and incoming calls associated with the account, dates and times calls were made, and duration of all calls made or received. This is to include any other pertinent call detail records including special features codes, or any other codes that are maintained in the normal course of business for the Service Provider, of any cellular numbers identified in the course of the investigation. In addition to voice calls, this would also include any detail records showing text messages, MMS messages, or data activity. a. In the event the requested Call Detail Records contain other Service Provider customer numbers, identified as either incoming or outgoing calls, the Service Provider shall provide subscriber information for those specific numbers identified. 5. Cell site information, to include all known cell towers associated with outgoing and incoming calls (Call Detail Records). This information is to include any SEARCH WARRANT 2 sector information, azimuth for each identified sector, cell site location, handoff tower and sector, time on tower information, and any other related material that would be necessary to identify the location and sector in reference to the cell site information associated with the call detail records. In the event text messages, MMS messages, Data activity, including IP sessions and destination addresses that were produced, these records are also included in this request. 6. Cell site locations for all Service Provider Cell Sites, sector information, including azimuth headings, in the regional market associated with the requested cell site information. 7. Location information, to include any estimated or known longitude and latitude of the cellular device's current location, or approximate location, information received by cell tower (s) in reference to direction and distance from the tower a device may be located (timing and triangulation information). Radio Frequency signal strengths, direction, and transmission information. The geographical constraints of location information will be limited to the United States. 8. Location information can be in the form of historical records. This would include any reports of device activity that would include the approximate latitude and longitude of the device at the time of the activity, estimated margin of error, direction and distance from the tower, and other location related information commonly referred to as Real Time Tool (RTT), Timing Advance Information, Location Database of Record (LocDBOR). This further includes any other report similar in nature that would provide an estimate of the cellular phone on the Service Provider's network. 9. All text message and / or MMS messages, including message content, currently stored in the normal course of business for the Service Provider, to include any cloud services which allow for the long-term storage of both voicemails and SMS / MMS messages. 10. Cloud Data, any content that may have been backed up to Cloud Storage for the listed dates / times. If said Cloud Storage has been provided by a third-party provider, please provide relevant contact information for that provider. 11. All records and information required, if any, pursuant to the search warrant, shall be provided in a commercially reasonable electronic format such as Microsoft Excel and those records shall be delivered via electronic mail to Detective Lawrence Mowery at SEARCH WARRANT 3 The above-described evidence is located within the following described premises: T-Mobile Attn: Law Enforcement Relations Group 4 Sylvan Way Parsippany, NJ 07054 Please provide this information to Lawrence Mowery at in digital format on a compact disk in Excel, PDF or TXT format. 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: ** T-MOBILE / T-MOBILE AMERICA 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 2:26 p.m. Megan & Marshall Magistrate Judge SEARCH WARRANT 4 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 SEARCH WARRANT T-Mobile or T-Mobile America Records 4 Sylvan Parsippany, NJ 07054 Latah County, Idaho 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: 20am dall Magistrate Judge ORDER FOR THIRD EXTENSION TO RETURN SEARCH WARRANT 1 CERTIFICATE OF DELIVERY I do hereby certify that true and correct copies of the ORDER FOR THIRD 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 5/24/23 JULIE FRY Latah County Clerk of the Court By Wiphout Deputy Clerk ORDER FOR THIRD EXTENSION TO RETURN SEARCH WARRANT 2 CASE CLRK BY MAY NO OF . 22 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE CT ASHLEY S. JENNINGS DEPUTY 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 THIRD EXTENSION TO RETURN SEARCH WARRANT T-Mobile or T-Mobile America Records 4 Sylvan Parsippany, NJ 07054 Latah County, Idaho 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 email. On April 13, 2023, an order was signed extending the return to May 23, 2023. However, as of this date, the information has not been received. MOTION FOR THIRD 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