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Filed: 02/28/2023 15:19:25 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 Case No. CR29-22-2805 Application for a Search Warrant for ORDER TO SEAL AND REDACT eBay Inc., ATTN Legal Department 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 Mashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CLRK NOV OF 29 DIST 2022 CT PM2 . LATAH: 43 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 the Case No. Application for a Search Warrant for ORDER SEALING SEARCH WARRANT AND RELATED eBay Inc., DOCUMENTS ATTN Legal Department Ph: 801-545-1385 Email: Submit via https://le.corp.ebay.com Latah County, Idaho 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 27, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 29th day of November, 2022. Megan Marshall Magistrate Judge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 REDACTED CASE CLRK BY NOV NO OF 28 . DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT SR. DEPUTY PROSECUTING ATTORNEY DEPUTY PM3 LATAH. Latah County Courthouse: 48 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 eBay Inc., MOTION TO SEAL SEARCH ATTN Legal Department WARRANT AND RELATED Ph: 801-545-1385 DOCUMENTS Email: Submit via https://le.corp.ebay.com Latah County, Idaho 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 REDACTED 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 28th day of November, 2022. ashlup ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CLRK NOV OF 29 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE CT Ashley S. Jennings PM2 . Sr. Deputy Prosecuting Attorney LATAH: 43 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:) ). eBay Inc.,) ATTN Legal Department) RETURN OF SEARCH WARRANT Ph: 801-545-1385) Email:) Submit via https://le.corp.ebay.com) ) 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 220 o'clock p.m., this 28th 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. 11/25/22 Jen 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 26, 2022, I obtained a search warrant for eBay; (4) The warrant was served on November 26, 2022, by email (fax, email, etc); (5). On 11/28/22, I received an e-mail from eBay 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. 11/28/22 JEM 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 eBay Inc., RECEIPT AND ATTN Legal Department INVENTORY OF WARRANT Submit via https://le.corp.ebay.com On the 26st day of November, 2022, at approximately 7:07 o'clock P.M., the following peace officers: 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 ASIN 404016324938 DATA ASIN 384887534661 DATA 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: EMAIL DATED this 28 day of NOVEMBER 202 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 CLRK NOV OF 29 DIST 2022 CT PM2 LATAH COUNTY PROSECUTOR'S OFFICE. LATAH: 43 ASHLEY S. JENNINGS 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 LATАН In the Matter of the Application) Case No. for a Search Warrant for:) ) eBay Inc.,) ORDER ATTN Legal Department) Ph: 801-545-1385) Email:) Submit via https: le.corp.ebay.com) ) 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 ORDER 1 REDACTED appropriate time, the property can be released or disposed of upon authorization of the jurisdictional 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 11/29/22 Megan Marshall Megan E. Marshall Magistrate Judge ORDER 2 CLRK NOV OF 29 DIST 2022 CT PM2 . LATAH: 43 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. eBay Inc ATTN Legal Department SEARCH WARRANT Ph: 801-545-1385 Email: Submit via https://le.corp.ebay.com 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 that the property referred to and sought in or upon said premises consists of information for the crime (s) of homicide in the possession or control of EBAY related to the sales of the following items for the period of January 1, 2022 to present: 1. ASIN 404016324938, Ka-Bar Full Size US Marine Corps Fighting Knife 2. ASIN 384887534661, Ka-Bar 1217S, Leather Sheath, USMC Logo REDACTED AMENDED SEARCH WARRANT 1 The records and documents shall include but are not limited to: • Account information for the above-named individuals / entities on eBay or affiliated websites including but not limited to: contact information, billing information, account opening date, account closing date, and any other information retained in connection with the identified accounts; • Order details and purchase history for all transactions conducted by the above-named individuals / entities on eBay or any eBay affiliated storefront / webstore, including IP address information for purchases made; • Payment information for payments made (or facilitated by) eBay to or from the abovenamed individuals / entities including payments through eBay or eBay supported platforms; All customer interaction records between eBay and the above-named individuals / entities and their representatives to include call notes, call recordings, emails and / or written correspondence; located in or upon the following described premises, eBay Inc ATTN Legal Department Ph: 801-545-1385 Email: 1 Submit via https://le.corp.ebay.com INSTRUCTIONS FOR PRODUCTION OF ELECTRONICALLY (DIGITALLY) STORED RECORDS Electronic Records Electronically stored records shall be produced in electronic form and shall include those records held (1) in your record retention systems; and / or (2) by your technology, data, or other service provider (s). Text Data Text data relating to transactions (e.g., core data, history file) shall be produced within a data file: (1) using delimited ASCII text data format; or (2) within software that can export without loss of data to a non-proprietary file format; or (3) using commonly readable file format AMENDED SEARCH WARRANT 2 set by agreement. Text data files relating to transactions produced according to the above shall include field descriptions (e.g., account number, date / time, description, payee / payor, check number, item identifier, and amount). Image Data Image data shall be produced in graphic data files in a non-proprietary or commonly readable format with the highest image quality maintained. Image data of items associated with specific transactions (e.g., checks, deposits) shall be: (1) Produced in individual graphic data files with any associated endorsements; and (2) linked to corresponding text data by a unique identifier. Encryption / Authentication Electronically stored records may be transmitted in an encrypted container. Decryption keys shall be produced separately at the time the data are produced. Authentication, such as hash coding, may be set by agreement. 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 abovenamed. 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, EBAY 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. EBAY SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** AMENDED SEARCH WARRANT 3 GIVEN UNDER MY HAND and DATED this 26th day of November, 2022, at 6:14 P.m. Megan Mashall Magistrate Judge AMENDED SEARCH WARRANT 4