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Filed: 03/07/2023 14:38:32 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk-Reeves, Tamzen 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 KA-BAR Knives, Inc. 200 Homer Street ORDER TO SEAL AND REDACT Olean, NY 14760 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) and I.C. §74-124 (1) (c), the court finds it necessary to seal the records 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; (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; and (3) Disclosure would constitute an unwarranted invasion of personal privacy. 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: 3/7/2023 animachall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY DEC NO OF 7 . DIST 2022 CT PM4 DEPUTY. LATAH 40: 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 KA-BAR Knives, Inc. 200 Homer Street Olean, NY 14760 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 March 7, 2023, or further order of the Court, whichever occurs first. SO ORDERED_12 / 7 / 22 @ 4: 33 PM Meganemashall Magistrate Kudge ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY DEC NO OF 7 . DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE-CT AM11 ASHLEY S. JENNINGS DEPUTY. SR. DEPUTY PROSECUTING ATTORNEY LATAH: 49 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 KA-BAR Knives, Inc. MOTION TO SEAL SEARCH 200 Homer Street WARRANT AND RELATED Olean, NY 14760 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 7th day of December, 2022. ashlu ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CASE CLRK BY DEC NO OF . 7 DIST 2022 CT PM4 DEPUTY. LATAH COUNTY PROSECUTOR'S OFFICE LATAH: 40 WILLIAM W. THOMPSON 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. CR29- For a Search Warrant for:) ) Ka-Bar Knives, Inc) RETURN OF 200 Homer Street) SEARCH WARRANT Olean, NY 14760) ) MPD Case No. 22-M09903 STATE OF IDAHO) : ss. County of Latah) I, Detective 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 4:00 o'clock p.m., this 5th day of December, 2022. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. Em / 62 12/05/2022 (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 11/29/22, I obtained an amended search warrant for Ka-Bar; (4) The warrant was served on 11/29/2022, by email (fax, email, etc); (5) On 12/02/22, I received an e-mail from Ka-Bar 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. FEM 162 12/05/2022 (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 Ka-Bar Knives Inc. RECEIPT AND INVENTORY OF WARRANT 200 Holmer Street Olean, NY 14760 On the 29th day of November 2022, at approximately 231 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 Ka-Bar 1217 Ka-Bar 1217S Ka-Bar 1218 Ka-Bar 9128 RECEIPT AND INVENTORY PAGE 1 OF 3 PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON Ka-Bar 9140 Ka-Bar 9169 Ka-Bar 9191 Distribution information regarding Blue Ridge Knives Distribution information regarding Distribution information regarding Distribution information regarding Distribution information regarding Distribution information regarding 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 5 day of December 20 22 LEN WITNESS PEACE OFFICER 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 BY DEC NO OF . 72022 DIST CT PM4 DEPUTY LATAH COUNTY PROSECUTOR'S OFFICE.: LATAH 40 WILLIAM W. THOMPSON 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: ) Ka-Bar Knives, Inc) 200 Homer Street) ORDER Olean, NY 14760) ) 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 / 7 / 220 4:33 PM Megan mashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK BY DEC NO OF . 7 DIST 2022 --- CT PM4 DEPUTY .: LATAH 41 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН In the Matter of the Application for a Search Warrant for: Case No. KA-BAR Knives, Inc. 200 Homer Street AMENDED SEARCH Olean, NY 14760 Ph: 800-282-0130 WARRANT KA-BAR.com Email: 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 records and documents related to the crime (s) of homicide in the possession or control of KA-BAR Knives, Inc. related to the sales of the following items for the period of January 1, 2022 to present: 1. Ka-Bar 1217 REDACTED 2. Ka-Bar 1217S AMENDED SEARCH WARRANT 1 3. Ka-Bar 1218 4. Ka-Bar 9128 5. Ka-Bar 9140 6. Ka-Bar 9169 7. Ka-Bar 9191 8. Distribution information regarding Blue Ridge Knives 9. Distribution information regarding 10. Distribution information regarding 11. Distribution information regarding 12. Distribution information regarding 13. Distribution information regarding The records and documents (The terms " records " and " documents " mean any and all tangible forms of expression in your possession, custody, or control, in any language or format, and include, but are not limited to, writings, papers, and tape recordings, electronic video and audio recordings (e.g. video surveillance), microform, electromagnetic recordings, optical recordings, electronic files or records, photographs, drafts, finished versions, originals, and copies, however created, produced, or stored. Video surveillance / images pertaining to account transactions (to include account opening, deposit, withdrawals, etc.) are included with this subpoena request. Supporting information can be provided to help identify surveillance video / images for some of the transactions.) shall include but are not limited to: All Open and Closed accounts: all records pertaining to the individuals (s) or business • jointly severally or as trustee or fiduciary entities identified in this letter whether held or as well as custodian, executor or guardian, as well as any other entity in which these individual (s) or entities may have a financial interest; includes all accounts in which these individuals had signatory authority and / or the right of withdrawal; these records should include: • Signature cards. • Statement Data / Monthly Account Statements. Identification of and name assigned on all Debit Cards on account. • AMENDED SEARCH WARRANT 2 Deposits and supporting documentation including but not limited to evidence of • cash, cancelled deposited checks front and back, transfers from other accounts including full account number and name, and other credit information. Checks and other withdrawals including but not limited to cancelled checks front • and back, withdrawals and offsets, evidence of cash withdrawals, transfers from other accounts including account number and name, other debit information. Wire transfers in and out including wire transfer instructions and evidence of • requestor if possible. Evidence of cash transactions and identifying information of individuals • conducting cash transactions. Identification of sender or recipient bank, full account number, and account name • on ACH transfers, online transfers, teller transfers, or other transfers. Electronic / Internet records: for those customers who engage in online banking with your • online banking account: financial institution, the following information pertaining to that usernames or other identifying information for the account; e-mail addresses associated with the account to include any and all of the above information for any secondary or additional e-mail addresses and or user names identified by you as belonging to the targeted account in this letter; historical access logs for authentication to the account including Internet Protocol (IP) addresses for this account and date, time and duration of each session. Credit Card records (e.g. MasterCard and Visa): including customer's application, • correspondence, monthly signature card, credit or background investigations conducted, billing statements, individual charge invoices, repayment records, disclosing the date, amounts and method of repayment, checks used to make repayments (front and back). Correspondence: all records of correspondence / communication between the customer and • other purpose, including the financial institution relating to the above services or for any customer service inquiries or requests for assistance. Other records: all applications, forms, and other written documents completed by the • wire transfers, or collections, letter credit, bonds customer; records of certified checks, and securities purchased through your financial institution, savings bond transaction and investment accounts. Such records that disclose the date and amount of the transaction, method (cash or check) and source of payment, instruments and statements of transactions; all correspondence with the above individual (s) / entities and / or with third parties regarding the above individual (s) / entities; all memoranda, notes, files, or records relating to meetings or conversations concerning the above individual (s) / entities. located in or upon the following described premises, AMENDED SEARCH WARRANT 3 KA-BAR Knives, Inc. 200 Homer Street Olean, NY 14760 Ph: 800-282-0130 KA-BAR.com Email: 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 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 AMENDED SEARCH WARRANT 4 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, KA-BAR 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. KA-BAR SHALL DISCLOSE THE DESCRIBED PROPERTY AND INFORMATION WITHIN 14 DAYS OF ISSUANCE. ** GIVEN UNDER MY HAND and DATED this 29th day of November, 2022, at 1:51 p.m. Megan & Marshall Magistrate Judge AMENDED SEARCH WARRANT 5 CASE CLRK BY DEC NO OF . 9 DIST 2022 DEPUTY CT PK3 .: LATAH 02 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 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 IDAНО. 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 records and documents related to the crime (s) of homicide in the possession or control of KA-BAR Knives, Inc. related to the sales of the following items for the period of January 1, 2022 to present: 1. Ka-Bar 1217 2. Ka-Bar 1217S REDACTED AMENDED SEARCH WARRANT 1 3. Ka-Bar 1218 4. Ka-Bar 9128 5. Ka-Bar 9140 6. Ka-Bar 9169 7. Ka-Bar 9191 8. Distribution information regarding Blue Ridge Knives 9. Distribution information regarding 10. Distribution information regarding 11. Distribution information regarding 12. Distribution information regarding 13. Distribution information regarding The records and documents (The terms