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Filed: 02/28/2023 15:17:25 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 Application for a Search Case No. CR29-22-2805 Warrant for ORDER TO SEAL AND REDACT Dropbox Legal Compliance, 1800 Owens St, Ste. 200 San Francisco, CA 94158 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) and I.C. §74-124 (1) (b), 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: 2/28/2023 shall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK FEB NO OF . 8 DIST 2023 DEPUTY CT AM8 . LATAH 04: 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 DOCUMENTS Dropbox Legal Compliance, 1800 Owens St, Ste. 200 San Francisco, CA 94158 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 throughout the entirety of case CR29-22-2805 or further order of the Court, whichever occurs first. SO ORDERED this e day of February, 2023. 4:21 PM mashall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE GLRK 34 FEB 13 OF . 2028 DIST LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AM10 DEPUTY SR. DEPUTY PROSECUTING ATTORNEY. LATAN: 35 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 MOTION TO SEAL SEARCH WARRANT AND RELATED Dropbox Legal Compliance, DOCUMENTS 1800 Owens St, Ste. 200 San Francisco, CA 94158 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. Deprive a person of a right to a fair trial or an impartial adjudication; 3. Constitute an unwarranted invasion of personal privacy, 4. Disclose the identity of a confidential source; and / or 5. Disclose investigative techniques and procedures. And the State seeks this protection throughout the entirety of case CR29-22-2805. 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. 3rd day of February, 2023. RESPECTFULLY SUBMITTED this ASHLEY. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK FEB NO OF . 6 DIST 2023 CT AM9 LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY. ASHLEY S. JENNINGS LATAH: 05 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:) ) Dropbox Legal Compliance) 1800 Owens St, Ste. 200) ORDER San Francisco, CA 94158) ) 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 2/3/2023 4:21 PM. Meganemashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY FEB NO OF . 6 DIST 2023 DEPUTY CT AM8 LATAH COUNTY PROSECUTOR'S OFFICE. LATAH: 05 Ashley S. Jennings 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:) Dropbox Legal Compliance) RETURN OF SEARCH WARRANT 1800 Owens St, Ste. 200) San Francisco, CA 94158) ) 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 4:00 o'clock p.m., this 2 day of February, 2023. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. LE 2/2/2023 (Date) Peace Officer REDACTED RETURN OF SEARCH WARRANT 1 AFFIDAVIT OF DET. LAWRENCE MOWERY STATE OF IDAHO) : ss. County of Latah) I, Lawrence Mowery, being duly sworn, do hereby state the following information is true and 1 correct to the best of my knowledge and belief: (1) That I am employed by the Moscow Police Department in the official position of Detective; i (2) Affidavit has been a trained and qualified peace office for 12 years; (3) I currently work the day shift, 7:00 a.m. to 5:00 p.m.; (4) On January 25, 2023, I obtained a search warrant for Dropbox; (5) The warrant was served on January 30, 2023, via Dropbox Law Enforcement Portal; (6) On February 2, 2023, I received an email directing me to a secure download for the !: requested data; (7) I downloaded the data and an inventory was prepared for all the items received; (8) A copy of the inventory receipt was emailed to; and (9) The information received was placed into evidence at Moscow Police Department. FURTHER your Affiant sayeth not. Detective Lawrence Mowery-162 Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. February 2, 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 Dropbox Legal Compliance RECEIPT AND 1800 Owens St, Ste. 200 INVENTORY OF WARRANT San Francisco, CA 94158 On the 30 day of. January 2023, at approximately 12:03 o'clock p.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: https://dropbox-legal.force.com/ 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 3 PAGES ! DESCRIPTION OF PROPERTY LOCATION / PERSON IMEI RECEIPT AND INVENTORY PAGE 2 OF 3 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 2 day of February 2023. Det Lawrence Mowery WITNESS PEACE OFFICER SEY The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE 3 OF 3 PAGES CASE CLRK 18 FEB NO OF . 6 DIST 2028 CT AK9 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. for a Search Warrant for:) ) Dropbox Legal Compliance,) SEARCH WARRANT 1800 Owens St, Ste. 200) San Francisco, CA 94158) ) MPD Case No. 22-M009903 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 related to the investigation of the homicide (s) of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and / or Ethan Chapin at 1122 King Road, Moscow, Idaho on the Dropbox account of with any of the following IDENTIFIERS: Email address (es) and / or and / or and / or phone number and / or IMEIΙ including: • Subscriber information for the above-described account, including, but not limited to, username, account identification number, first name, last name, aliases or monikers, email address (es), phone number (s), physical and postal address, gender, date of birth or age, hometown, zip code, country, and / or general geographic area, other demographic information, user supplied profile or biographic information such as work and / or education histories, and profile picture (s), symbols or graphics provided SEARCH WARRANT 1 REDACTED by the subscriber to establish or maintain an account or communication channel; • All device (s) used and otherwise associated with the subscriber's account-MEID, IMEI, IMSI, MAC, IFV, AI, UDID, Android Device ID, GSF, including numbers and activation dates; • Records of all content transmitted to, from and / or stored on the account, including: • Communications, including addressing and transmission data, contents, and attached files; • Any photographs, videos, documents, or other data files uploaded to or from Dropbox including metadata; • Any photographs, videos, documents, or other data files shared with other Dropbox users, including the account information and email address (es) associated with the Dropbox account the photographs, videos, documents, or data filed shared with; • Published files and data, such as webpages and any component content; • All records and data relating to web browsing or searching, including browser type, operating systems, search terms used to find or access websites or content, website browsing history, and the dates, times and duration of such searching or browsing; • Contact lists, including all names, emails and contact information for all personal contained in the list; • Files and data tending to show who has possession dominion and control over the account; Ο All records pertaining to communications between Dropbox and any person regarding the user of the user's Dropbox account, including contacts with support services and records of actions taken; • All stored financial information associated with the above account, including purchases made within the application / social media company, dates and times of all transactions, amounts and items purchases, credit or debit card numbers, issuing financial institution information, account holder information, billing address (es), and shipping address (es), if applicable; • All other devices, computers, laptop computers, tablets, mobile devices, cellular phones, and wearable computers or accessories used to access the above account; • IP logs and records of the IP addresses that logged into the account; • Length of service to the account, including type (s) of service used, records of the date, amount, source and method of any payments to maintain the account including, any credit card or bank account number (s); • Additional Dropbox accounts that were registered to the email address and / or phone number (s) utilized to establish the account; • All other location data collected whether derived from internet service provider information (ISP), operating system (OS) software, HTTP cookie and tracking cookie information, Global Positioning System (GPS) data, ad Wi-Fi location (Geo-tagging); SEARCH WARRANT 2 located in or upon the following described premises: Dropbox, Inc. Dropbox Legal Compliance 1800 Owens Street, Ste. 200 : San Francisco, CA 94158 Dropbox, Inc. should disclose responsive data by sending it to the below address or via email to the address below: Detective Lawrence Mowery Moscow Police Department : 118 East 4th Street Moscow, ID 83843 208-883-7062 Fax: 208-882-4020 Email: 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, DROPBOX 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. DROPBOX SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 25th day of January, 2023, at 10:20 a.m. Megan & Marshall Megan E. Marshall Magistrate Judge SEARCH WARRANT 3