Document
Filed: 02/28/2023 08:47:33 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
AT & T Mobility 11760 US Highway 1, Suite 600 North Palm Beach, FL 33408 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 (1) (2) (A) and I.C. §74-124 (1) (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) Production of such records would disclose investigative techniques and procedures.
After due consideration and 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.
meganemushall Megan E. Marshall Magistrate Judge
ORDER TO SEAL AND REDACT-1
CASE
BY CLRK
NO DEC
. OF
1
DIST 2022
DEPUTY ------ CT PM3
.
LATAH 05:
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
AT & T Mobility DOCUMENTS 11760 US Highway 1, Suite 600 North Palm Beach, FL 33408 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.
Десети SO ORDERED this day of November, 2022.
reganemabhall
MAGISTRATE JUDGE
ORDER SEALING SEARCH
WARRANT AND RELATED DOCUMENTS 1
CLRK
NOV
OF 30
DIST 2022
LATAH COUNTY PROSECUTOR'S OFFICE
WILLIAM W. THOMPSON, JR. CT AM10
PROSECUTING ATTORNEY.
LATAH
Latah County Courthouse: 51 P.O. Box 8068 Moscow, ID 83843
Phone: (208) 883-2246 ISB No. 2613 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 AT & T Mobility MOTION TO SEAL SEARCH 11760 US Highway 1, Suite 600 WARRANT AND RELATED North Palm Beach, FL 33408 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.
RESPECTFULLY SUBMITTED this 20th day of November, 2022.
Ash for WILLIAM W. THOMPSON, JR.
Prosecuting Attorney
MOTION TO SEAL SEARCH
WARRANT AND RELATED DOCUMENTS 2
CASE
BY CLRK
DEC
NO
OF
. 1
DIST 2022
CT PM3
LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY
.:
WILLIAM W. THOMPSON LATAH 05
PROSECUTING ATTORNEY
Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No.2613 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.
for a Search Warrant for:) AT & T Mobility:) ORDER 11760 U.S. Highway 1, Suite 300) North Palm Beach, FL 33408-3029) ) 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 1:27
abhall Megan E. Marshall Magistrate Judge
ORDER 2
CASE
BY CLRK
NO DEC
. OF
1
DIST 2022
----
LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY CT PM3
William W. Thompson.:
LATAH 05
Prosecuting Attorney Latah County Courthouse P.O. Box 8068 Moscow, ID 83843-0568 (208) 883-2246 ISB No. 2613 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- for a Search Warrant for:) AT & T Mobility) RETURN OF SEARCH WARRANT 11760 U.S. Highway 1, Suite 300) North Palm Beach, FL 33408-3029) ) 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 9:00 o'clock a.m., this 30 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 JEM 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 12 years;
(3) On 11/16/22, I obtained a search warrant for AT & T Cell Tower;
(4) The warrant was served on 11/17/2022, by email (fax, email, etc);
(5) On 11/17/22, I received an e-mail from AT & T 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 MOLEKY
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 (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
AT & T Mobility RECEIPT AND 11760 U.S. Highway 1, Suite 300 INVENTORY OF WARRANT North Palm Beach, FL 33408 On the 17 day of November 20.22, at approximately 10:21 o'clock a.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
GPS Coordinates
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 2022 16
WITNESS PEACE OFFICER
The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20
RECEIPT AND INVENTORY PAGE OF 2 PAGES
CASE CLRK
BY
DEC
NO OF
. 1
DIST 2022
CT PM3
DEPUTY
.:
LATAH 05
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:) )
AT & T) SEARCH WARRANT
Attn: Global Legal Demands Center) 11760 US Highway 1, Suite 600) North Palm Beach, FL 33408) ) ) MPD Case No. 22-M09903
TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN
ENFORCING ANY LAW OF THE STATE OF IDAHO.
Detective 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 are for records and information associated with certain cellular towers (" cell towers ") and records generated by the cellular network that are in the possession, custody, and / or control of AT & T, hereafter " the Service Provider, " a cellular service provider; and data is in possession of the Service Provider and that the data may contain of a homicide between November 13, 2022 from 3:00 a.m. to 5:00 a.m. (Pacific Standard Time) including the following:
A. Search of all records and unique device / user identifiers pertaining to Timing Advance, Real Time Tool (RTT), Location Database of Record (LocDBOR) location information during the following listed dates, times and geographical boundaries (distance from GPS points):
SEARCH WARRANT 1
REDACTED
GPS Coordinates: Distance from Location: 0.50 miles
Date: November 13, 2022 Time: 3:00 a.m. - 5:00 a.m. (PST) B. For each search area described above, the Service Provider is required to disclose all records and other information (not including the contents of communications) about all communications made and all cellular device interactions with the network that have generated location information that falls within the defined search area during the corresponding timeframe (s) listed above, including records that identify:
i. the unique identifiers for each wireless device that generated a Timing Advance, RTT, and / or LocDBOR record within the search area for each location, including Electronic Serial Numbers (" ESN "), Mobile Electronic Identity Numbers (" MEIN "), Mobile Identification Numbers (" MIN "), Subscriber Identity Modules (" SIM "), Mobile Subscriber Integrated Services Digital Network Numbers (" MSISDN "), International Mobile Subscriber Identifiers (" IMSI "), International Mobile Equipment Identities (" IMEI "), and the make and model of the device;
ii. the starting and ending date / time of the connection along with the duration;
iii. for each communication with the network the tower and the " sector (s) " (i.e. the face (s) of the tower (s)) that received a radio signal from the locally served wireless device for both starting and ending points of the communication;
iv. the service type for the communication;
V. the estimated latitude and longitude (along with confidence level) and the distance from the tower for both the starting and ending points of the communication contained within the Timing Advance, RTT, and / or LocDBOR records.
C. These records should include records about communications and cellular device interactions with the network that were initiated before or terminated after the timeframe (s) identified in above if some part of the communication occurred during the relevant timeframe (s) listed above;
The above-described evidence is located within the following described premises:
AT & T
Attn: Global Legal Demands Center 11760 US Highway 1, Suite 600
SEARCH WARRANT 2
North Palm Beach, FL 33408 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 7 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:
** THIS SEARCH WARRANT IS ISSUED FOR A LAW
ENFORCEMENT PURPOSE, AT & T IS ORDERED NOT TO DISCLOSE
THE EXISTENCE OR CONTENTS OF THIS SEARCH WARRANT OR
THE INFORMATION FURNISHED IN RESPONSE TO THE SEARCH
WARRANT FOR 90 DAYS OR UNTIL FURTHER ORDER OF THE
COURT.
AT & T SHALL DISCLOSE THE DESCRIBED PROPERTY AND
INFORMATION WITHIN 14 DAYS OF ISSUANCE. **
GIVEN UNDER MY HAND and DATED this 16th day of November, 2022, at
9:22 p.m.
Megan Marshall Magistrate Judge
SEARCH WARRANT 3