Document
Filed: 02/28/2023 08:43:56 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk Oliphant, Jennifer
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 TO SEAL AND REDACT
Apple Inc., I Infinite Loop Cupertino, CA 95014 MPD Case No. 22-M09903 This matter came before the court on February 10, 2023 on the court's motion to seal or redact pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. William W. Thompson, Jr. and 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 the safety of 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: 2/27/2023 meaunemashall Megan ' E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT -1
CASE CLRK
BY
DEC
NO OF
. 1
DIST 2022
DEPUTY CT PM3
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.
Application for a Search Warrant for ORDER SEALING SEARCH
WARRANT AND RELATED
Apple Inc., DOCUMENTS 1 Infinite Loop Cupertino, CA 95014 MPD Case No. 22-M09903 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 the inventory 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 February 28, 2023, or further order of the Court, whichever occurs first.
day of December November, 2022. C 1:22 PM SO ORDERED this Meganemabhall
MAGISTRATE JUDGE
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CLRK
NOV
OF 30
DIST 2022
LATAH COUNTY PROSECUTOR'S OFFICE
ASHLEY S. JENNINGS CT AM10
SR. DEPUTY PROSECUTING ATTORNEY.
LATAH:
Latah County Courthouse 51 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.
Application for a Search Warrant for Apple Inc., MOTION TO SEAL SEARCH 1 Infinite Loop WARRANT AND RELATED Cupertino, CA 95014 DOCUMENTS 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 an Order Sealing Search Warrant and Related Documents, including the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including the inventory of items seized) and Order filed herein because release or disclosure would:
1. Interfere with enforcement proceedings;
2. Constitute an unwarranted invasion of personal privacy,
MOTION TO SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 1
3. Disclose the identity of a confidential source; and
4. Disclose investigative techniques and procedures.
And the State seeks this protection for a minimum of ninety (90) days or until such time as the investigation is concluded and / or charges are filed.
Wherefore, the State respectfully prays that the Court seal from public disclosure the Affidavit for Search Warrant, Search Warrant, Return of Search Warrant and Order herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124.
30m RESPECTFULLY SUBMITTED this day of November, 2022.
Ashes no
ASHLEY S. JENNINGS
Sr. Deputy Prosecuting Attorney
MOTION TO SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 2
CASE CLRK
BY
DEC
NO OF
. 1
DIST 2022
DEPUTY CT PM3
LATAH COUNTY PROSECUTOR'S OFFICE.
ASHLEY S. JENNINGS LATAH 03:
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.
for a Search Warrant for:) Apple Inc.,) ORDER 1 Infinite Loop) Cupertino, CA 95014) ) 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 12/1/22 1:24 PM
nashall Megan E. Marshall Magistrate Judge
ORDER 2
CASE CLRK
BY
DEC
NO OF
. 1
DIST 2022
CT PM3
LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY.
Ashley S. Jennings LATAH 03:
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 LATАН
In the Matter of the Application) Case No. CR29- for a Search Warrant for:) Apple Inc.,) RETURN OF SEARCH WARRANT 1 Infinite Loop) Cupertino, CA 95014) ) 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 9:00 o'clock a.m., this 30th day of November, 2022.
I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.
11/30/22 LEM 162
(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 Twelve (12) years;
(3) On November 21, 2022, I obtained a search warrant for Apple;
(4) The warrant was served on November 21, 2022, by email (fax, email, etc);
(5) On 11/23/22, I received an e-mail from Apple 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 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.
11/30/22 LEM 162
(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
Apple Inc., RECEIPT AND 1Infinite Loop INVENTORY OF WARRANT Cupertino, CA 95014 On the 21 day of November 2022, at approximately 1:55 o'clock_p.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:
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
-1224
IMEI
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 30 day of November 20 22
JEM 162
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
DEC
NO OF
. 1
DIST 2022
----
CT PM3
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 Application) Case No. CR29- for a Search Warrant for:) ) Apple Inc.,) SEARCH WARRANT 1 Infinite Loop) Cupertino, CA 95014) ) 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 consisting of there is probable cause to believe that the property referred to and sought in or upon said premises consists of there is probable cause to believe that the property referred to and sought in or upon said premises consists records related to the crime (s) of homicide on the Apple iCloud account (s) associated with Madison " Maddie " Mogen with the following
IDENTIFIERS: phone number -1224, and / or IMEI (hereafter referred to as " the MOGEN ACCOUNT "), from August 1, 2022, to November 18, 2022, including:
• All records or other information regarding the identification of the account, to include full name, physical address, telephone numbers, email addresses (including primary, alternate, rescue, and notification email addresses, and verification information for each email address), the date on which the account was created, the length of service,
SEARCH WARRANT 1
██ ██ REDACTED
the IP address used to register the account, account status, methods of connecting, and means and source of payment (including any credit or bank account numbers);
• All records or other information regarding the devices associated with, or used in connection with, the account (including all current and past trusted or authorized iOS devices and computers, and any devices used to access Apple services), including serial numbers, Unique Device Identifiers (" UDID "), Advertising Identifiers (" IDFA "), Global Unique Identifiers (" GUID "), Media Access Control (" MAC ") addresses, Integrated Circuit Card ID numbers (" ICCID "), Electronic Serial Numbers (" ESN "), Mobile Electronic Identity Numbers (" MEIN "), Mobile Equipment Identifiers (" MEID "), Mobile Identification Numbers (" MIN "), Subscriber Identity Modules (" SIM "), Mobile Subscriber Integrated Services Digital Network Numbers (" MSISDN "), International Mobile Subscriber Identities (" IMSI "), and International Mobile Station Equipment Identities (" IMEI ");
• The contents of all emails associated with the account, including stored or preserved copies of emails sent to and from the account (including all draft emails and deleted emails), the source and destination addresses associated with each email, the date and time at which each email was sent, the size and length of each email, and the true and accurate header information including the actual IP addresses of the sender and the recipient of the emails, and all attachments;
The contents of all instant messages associated with the account, including stored or preserved copies of instant messages (including iMessages, SMS messages, and MMS messages) sent to and from the account (including all draft and deleted messages), the source and destination account or phone number associated with each instant message, the date and time at which each instant message was sent, the size and length of each instant message, the actual IP addresses of the sender and the recipient of each instant message, and the media, if any, attached to each instant message;
• The contents of all files and other records stored on iCloud, including all iOS device backups, all Apple and third-party app data, all files and other records related to iCloud Mail, iCloud Photo Sharing, My Photo Stream, iCloud Photo Library, iCloud Drive, iWorks (including Pages, Numbers, and Keynote), iCloud Tabs, and iCloud Keychain, and all address books, contact and buddy lists, notes, reminders, calendar entries, images, videos, voicemails, device settings, and bookmarks;
• All activity, connection, and transactional logs for the account (with associated IP addresses including source port numbers), including FaceTime call invitation logs, mail logs, iCloud logs, iTunes Store and App Store logs (including purchases, downloads, and updates of Apple and third-party apps), messaging and query logs (including iMessage, SMS, and MMS messages), My Apple ID and iForgot logs, sign-on logs for all Apple services, Game Center logs, Find my iPhone logs, logs associated with iOS device activation and upgrades, and logs associated with webbased access of Apple services (including all associated identifiers);
SEARCH WARRANT 2
• All records and information regarding locations where the account was accessed, including all data stored in connection with Location Services;
• All records pertaining to the types of service used;
• All records pertaining to communications between Apple and any person regarding the account, including contacts with support services and records of actions taken;
located in or upon the following premises owned, maintained, controlled, or operated by Apple Inc., a company headquartered at Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
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 7 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), AND UNDER THE FOLLOWING SPECIAL DIRECTIONS:
** THIS SEARCH WARRANT IS ISSUED FOR A LAW
ENFORCEMENT PURPOSE, APPLE IS ORDERED NOT TO DISCLOSE
THE EXISTENCE OR CONTENTS OF THIS SEARCH WARRANT OR
THE INFORMATION FURNISHED IN RESPONSE TO THE SEARCH
WARRANT FOR A PERIOD OF 90 DAYS OR UNTIL FURTHER
ORDER OF THE COURT.
APPLE SHALL DISCLOSE THE DESCRIBED PROPERTY AND
INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 21st day of November, 2022, at
10:58 a.m.
Megan & Marshall Magistrate Judge
SEARCH WARRANT 3