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Filed: 02/28/2023 08:49:30 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 (i) (2) (A) and (E), the court finds it necessary to seal in part and redact the record related 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) 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: 2/27/2023 megunemushall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT -1 CASE CLRK BY JAN NO OF 9 . DIST 2023 CT AM7 DEPUTY .: LATAH 18 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 AT & T WARRANT AND RELATED 11760 U.S. Highway 1, Suite 300 DOCUMENTS 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 April 7, 2023, or further order of the Court, whichever occurs first. SO ORDERED this day of January, 2023. @ 9:15 am Mashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY JAN NO OF . 6 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT PM1 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. Application for a Search Warrant for AT & T MOTION TO SEAL SEARCH 11760 U.S. Highway 1, Suite 300 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; MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 1 2. Constitute an unwarranted invasion of personal privacy, 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 th day of January, 2023. Ashl ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK BY JAN NO OF . 9 DIST 2023 CT AM7 LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY Ashley S. Jennings LATAH.: 17 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- 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, CPL Brett Payne, 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 6th_day of January, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. # 157 B 01/06/2023 (Date) Peace Officer REDACTED RETURN OF SEARCH WARRANT 1 AFFIDAVIT OF BRETT PAYNE STATE OF IDAHO) : SS. County of Latah) I, CPL Brett Payne, 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 Detective Corporal; (2) Affidavit has been a trained and qualified peace office for 4 years; (3) On 12/23/2022, Cpl Brett Payne obtained a search warrant for AT & T; (4) The warrant was served on 12/23/2022, by email (fax, email, etc); (5) On 12/23/2022, Lawrence Mowery 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. CPL BRETT PAYNE Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. # 157 1/4/23 (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 RECEIPT AND 11760 U.S. Highway 1, Suite 300 INVENTORY OF WARRANT North Palm Beach, FL 33408-3029 On the 23rd day of December 2022, at approximately 10:28 o'clock.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: email 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 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 23XD day of DECEMBER 20 22: 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: SERVED TO ATIT DATED this 6 day of January 20 23 # 157 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 JAN NO OF . 9 DIST 2023 CT AM7 LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY .: ASHLEY S. JENNINGS LATAH 18 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:) ) 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 1/7/23 9:15 Meganimashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY JAN NO OF . 9 DIST 2023 DEPUTY CT AM7 . LATAH 17: 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) 11760 U.S. Highway 1, Suite 300) SEARCH WARRANT North Palm Beach, FL 33408-3029) MPD Case No. 22-M09903 TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN ENFORCING ANY LAW OF THE STATE OF IDAHO. Brett Payne, 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 regarding the investigation into the crime (s) of homicide at 1122 King Road in Moscow, Idaho is on the AT & T account associated with the phone number between November 12, 2022 at 12:00 a.m. PST to November 14, 2022 at 12:00 a.m. PST. Information should include user account information, location data, and stored communications held by AT & T, described in further detail as follows: 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; REDACTED SEARCH WARRANT 1 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 will provide subscriber information to the specific numbers identified, if requested. 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 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 SEARCH WARRANT 2 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; located within the following described premises: AT & T Attn: Global Legal Demands Center 11760 US Highway 1, Suite 600 North Palm Beach, FL 33408 Please provide this information to Brett Payne 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 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, THE SERVICE PROVIDER (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 A PERIOD OF 90 SEARCH WARRANT 3 DAYS OR UNTIL FURTHER ORDER OF THE COURT. THE SERVICE PROVIDER SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 23rd day of December, 2022, at 10:03 a.m. Megan & Marshall Magistrate Judge SEARCH WARRANT 4