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Filed: 03/07/2023 14:26:52 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 T-Mobile ORDER TO SEAL AND REDACT 4 Sylvan Way Parsippany, NJ 07054 Latah County, Idaho 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 Bun Emashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CLRK NOV OF 21 DIST 2022 CT AM8 . LATAH: 01 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 T-Mobile DOCUMENTS 4 Sylvan Way Parsippany, NJ 07054 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 16, 2023, or further order of the Court, whichever occurs first. SO ORDERED this 19th day of November, 2022. Megan & Marshall ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CLRK NOV OF 18 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT SR. DEPUTY PROSECUTING ATTORNEY PM3 . Latah County Courthouse LATAH 46: 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 T-Mobile MOTION TO SEAL SEARCH 4 Sylvan Way WARRANT AND RELATED Parsippany, NJ 07054 DOCUMENTS 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; 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 18th day of November, 2022. Asheus ASHLEY S. JE JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 CLRK NOV OF 21 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE CT AM8 MICHAEL G. CAVANAGH. LATAH: 01 DEPUTY PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 7427 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) For a Search Warrant for:) Case No. T-Mobile) RETURN OF 4 Sylvan Way) SEARCH WARRANT Parsippany, NJ 07054 MPD Case No. 22-M09903 STATE OF IDAHO) : ss. County of Latah) 1, 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 3:26 o'clock p.m.., this 18th 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. 11/18/2022 (Date) Reace Officer REDACTED RETURN OF SEARCH WARRANT AFFIDAVIT OF (OFFICER) 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 the Moscow Police Department in the official position of Detective; (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 November 16, 2022, I obtained a search warrant for TMobile Call Data Records; (5) The warrant was served on November 17, 2022, via Snapchat Law Enforcement Portal; (6) On November 18, 2022, I received an email with the requested data; (7) On November 18, 2022, 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. November 18, 2022 (Date) (Signature) AFFIDAVIT 1 IN THE DISTRICT COURT OF THE SECOND JUDICAL 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) RECEIPT AND Case # 22-M09903) INVENTORY OF WARRANT TMobile Call Data Records) On the 17 day of November, 2022, at approximately 1029 o'clock A.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: 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 Data Records associated with RECEIPT AND INVENTORY 1 OF 2 PAGES PAGE This Receipt and Inventory was made in the presence of: n / a 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 18 day of November, 2022 WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of, 20: RECEIPT AND INVENTORY 2 OF 2 PAGES PAGE CLRK NOV OF 21 DIST 2022 CT AM8 . LATAH LATAH COUNTY PROSECUTOR'S OFFICE: 01 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:) T-Mobile) Attn: Law Enforcement Relations Group) ORDER 4 Sylvan Way) Parsippany, NJ 07054) 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 11/19/22 at 6:58 p.m. Megan & Marshall Megan E. Marshall Magistrate Judge ORDER 2 L CLRK NOV OF 21 DIST 2022 CT AM8 . LATAH: 01 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:) ) T-Mobile or T-Mobile America Records) SEARCH WARRANT 4 Sylvan) Parsippany, NJ 07054) ) 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 property consists of certain evidence of the crime (s) of homicide to-wit, user account information, location data, and stored communications held by T-Mobile, described in further detail as follows: To the extent that the information is within the possession, custody, or control of T-Mobile, hereafter " the Service Provider, " including any messages, records, files, logs, or information that have been deleted but are still available to the Service Provider or have been preserved pursuant to a request made under 18 U.S.C. § 2703 (f), the Service Provider is required to disclose the following information to the government for the following listed account (s) and / or number (s): SEARCH WARRANT 1 REDACTED For the time period of: August 1, 2022 to Present T-Mobile Wireless Number: Subscriber Name: Unknown T-Mobile Wireless Number: Subscriber Name: Unknown To include both Historical Records and Real Time / Provisional Records 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. 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. SEARCH WARRANT 2 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 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. 11. It is further requested that all records and information required, if any, pursuant to the search warrant, be provided in a commercially reasonable electronic format such as Microsoft Excel and that those records be delivered via electronic mail to Detective Lawrence Mowery at SEARCH WARRANT 3 The above-described evidence is located within the following described premises: T-Mobile Attn: Law Enforcement Relations Group 4 Sylvan Way Parsippany, NJ 07054 Please provide this information to Lawrence Mowery 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 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, T-MOBILE / T-MOBILE AMERICA 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. T-MOBILE / T-MOBILE AMERICA 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 9:26 p.m. Megan Marshall Magistrate Judge SEARCH WARRANT 4