Pennsylvania Application For Search Warrant And Authorization 2

Close

Court Filing

PDF Pennsylvania Application For Search Warrant And Authorization 2Search Warrant Application
court Court Filing Idaho 4

Named in this document

  • Dylan Mortensen Person
  • Moscow, ID Location
  • Kaylee Goncalves Person
  • Washington Location
  • Bryan Kohberger Person
  • Bethany Funke Person
  • Ethan Chapin Person
  • Justin Leri Person
  • Maddie Mogen Person
  • Pennsylvania Location
  • Xana Kernodle Person
  • Corbin Smith Person
  • 1122 King Rd Location
  • 500 Queen Rd Location
  • Albrightsville, PA Location
  • Brett Payne Person
  • Clarkston, WA Location
  • MaryAnn Kohberger Person
  • Michael Kohberger Person
  • Stadium Way, Pullman Location

The 20 most-mentioned. The full list is in the case file.

Commonwealth of Pennsylvania APPLICATION
FOR

SEARCH WARRANT

COUNTY OF MONROE AND AUTHORIZATION

Docket Number Police Incident Warrant Control (Issuing Authority): Number: PA2022-1651897 Number:
Tpr. Justin M. LERI Pennsylvania 12/21/2010 Tpr. Brian V. NOLL State Police 570-619-6800 AFFIANT NAME AGENCY PHONE NUMBEhis is to certify was and correct IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as specific as possible): copy Any and all items listed on " Continuation " page Certified From the Record this, Day of
A.D. 2012

Court of Common Pleas of Monroe County Forty-Third Judicial District Commonwealth George Warden, Clerhof Courts of Pennsylvania & Clerkof Orphans ' Court By:
SPECIFIC DESCRIPTION OF PREMISES AND / OR PERSON TO BE SEARCHED (Street Tand and No., Apt. No., Vehicle, Safe Deposit Busan Deboer, Senior Deputy Clerk Social security numbers and financial information (e.g. PINS) should not be listed. If the identity of an account of Courts & Clerk of Orphans Court Pa. Code §§ 213.1-213.7. number must be established, list only the fast four digits 204 119 Lamsden Drive, Chestnuthill Twp, Monroe County- A single family foundation, and dark residence with white siding, tan colored shutters. An attached garage is located on side B. A small shed with windows is located at the rear of the property along a door and with all curtilage of property.

NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (If proper name is unknown Michael KOHBERGER, Maryann KOHBERGER, give alles and / or description):
, Bryan C. KOHBERGER VIOLATION OF (Describe conduct or specify statute): DATE ( Criminal Homicide S) OF VIOLATION: Clerk of Courts
11/13/2022 DEC 29 '22 PM4

: 44 Warrant Application Approved by District Attorney-DA File No.7M No.7 M 7.

(IF DA approvat required per Pa.R.Crim.P. 202 (A) with assigned File No. per Pa.R.Crim.P. ancosw 12 / 29 / 22-3 Additional Pages Attached (Other than Affidavit 507) of Probable Cause) Probable Cause Affidavit (s) MUST be attached (unless sealed below) Total number of pages:
TOTAL NUMBER OF PAGES IS SUM OF ALL APPLICATION, PROBABLE CAUSE AND CONTINUATION PAGES The below named Affiant, being duly sworn (or affirmed) before the Issuing Authority according EVEN IF ANY OF THE PAGES ARE SEALED cause to believe that certain property is evidence of or the fruit to law, deposes and says that there is probable seizure, and is located at the of a crime or is contraband or is unlawfully possessed or is otherwise subject to particular premises or in the possession of the particular person as described above.

Signature of Afflant Pennsylvania State Police Troop N 13223/10920 Agency or Address if private Affiant Badge Number Sworn to and subscribed before me this day of Mag. Dist. No.

Signature of Issuing Authority Office (SEAL) AUTHORITY Address SEARCH WARRANT WHEREAS, facts have been swom to or affirmed before me by written TO LAW ENFORCEMENT which I have found probable cause affidavit (s) attached hereto from OFFICER, I do authorize you to search the premises or person described, and to : seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure This Warrant shall be served as soon as practicable.

and shall be served only between the hours of 6AM to 10PM but in no event later than: * ☑ This Warrant shall be served as soon as practicable and may be served any time during the day or night ISSUING
4:35 M. o'clock but in no event later than: ** P 31 December 2022 This Warrant shall be returned to judicial officer Margherita Patti-Worthington, PJ
* The issuing authority should specify a date not later than two (2) days after issuance. Pa.R.Crim.P.

If the issuing authority 205 (4). THE finds reasonable cause for issuing a nighttime warrant on the basis of additional reasonable cause set and wishes to issue a nighttime warrant, then this block shall be checked. Pa.R.Crim.P. 206 (7). forth in the accompanying affidavit (s) Issued under thy hand this 29 29 BY day of December 2022 at 4:35 P M, o'clock. COMPLETED 43rd 31 December 2030 (SEAL) Signature of Issuing Authority Mag. Dist. or Judicial Dist. No.

Title Date Commission Expires:
of Issuing Authority: ☐ Magisterial District Judge ☑ Common Pleas Judge ☑ For good cause stated in the affidavit (s) the Search Warrant Affidavit by my certification (s) are sealed for 60 BE cation and and signature signature.. (Pa.R.Crim.P. 211 days )
- TO

29 December 2022 (Date) (SEAL) Signature of Issuing Authority (Judge of the Court of Common Pleas or Appellate AOPC 410A-10 Court Justice or Judge).

AOPC 413B-98

Commonwealth of Pennsylvania RETURN of SERVICE
AND INVENTORY

COUNTY OF MONROE

Docket Number Police Incident Warrant Control (Issuing Authority): Number: PA2022-1651897 Number:
Date of Search: Time of Search: Property Seized as result of Search (Y / N):
12/30/2022 Approx. 0125 y
Date of Return: Time of Return: Officer making Return:
01/09/2023 1500 Trooper Justin M. LERI Signature of Person Seizing Property:
Other Officers Participating in Search:
NPA FBI

Pa.R.Crim.P. Chapter 2, Part A. SEARCH WARRANTS Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth-Local Option.

(a) The District Attorney of any county may require that search warrant applications filed in the county have the approval of an attorney for the Commonwealth prior to filing.

Rule 204. Person To Serve Warrant.

A search warrant shall be served by a law enforcement officer. Clerk of Courts
JAN 13'23 AM10: 41

Rule 205. Contents of Search Warrant.

Each search warrant shall be signed by the issuing authority and shall:
(1) specify the date and time of issuance;
(2) identify specifically the property to be seized;
(3) name or describe with particularity the person or place to be searched;
(4) direct that the search be executed either; (a) within a specified period of time, not to exceed 2 days from the time of issuance, or; (b) when the warrant is issued for a prospective event, only after the specified event has occurred.

(5) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, PROVIDED THAT, for purposes of the Rules of Chapter 2, Part A., the term " daytime " shall be used to mean the hours of 6 a.m. to 10 p.m.;
(6) designate by title the judicial officer to whom the warrant shall be returned;
(7) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit (s) attached to the warrant; and (8) when applicable, certify on the face of the warrant that for good cause shown the affidavit (s) is sealed pursuant to Rule 211 and state the length of time the affidavit (s) will be sealed.

Rule 206. Contents of Application for Search Warrant.

Each application for a search warrant shall be supported by written affidavit (s) signed and sworn to or affirmed before an issuing authority, which affidavit (s) shall:
(1) state the name and department, agency, or address of the affiant;
(2) identify specifically the items or property to be searched for and seized;
(3) name or describe with particularity the person or place to be searched;
(4) identify the owner, occupant, or possessor of the place to be searched;
(5) specify or describe the crime which has been or is being committed;
(6) set forth specifically the facts and circumstances which form the basis for the affiant's conclusion that there is probable cause to believe that the items or property identified are evidence or the fruit of a crime, or are contraband, or are or are expected to be otherwise unlawfully possessed or subject to seizure, and that these items or property are or are expected to be located on the particular person or at the particular place described;
(7) if a " nighttime " search is requested (i.e., 10 p.m. to 6 a.m.), state additional reasonable cause for seeking permission to search in the nighttime; and (8) when the attorney for the Commonwealth is requesting that the affidavit (s) be sealed pursuant to Rule 211, state the facts and circumstances which are alleged to establish good cause for the sealing of the affidavit (s).

Rule 208. Copy of Warrant; Receipt for Seized Property.

(a) A law enforcement officer, upon taking property pursuant to a search warrant, shall leave with the person from whom or from whose premises the property was taken a copy of the warrant and affidavit (s) in support thereof, and a receipt for the property seized. A copy of the warrant and affidavit (s) must be left whether or not any property is seized.

(b) If no one is present on the premises when the warrant is executed, the officer shall leave the documents specified in paragraph (a) at a conspicuous location in the said premises. A copy of the warrant and affidavit (s) must be left whether or not any property is seized.

(c) Notwithstanding the requirements in paragraphs (a) and (b), the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 211.

Rule 209. Return with Inventory.

(a) An inventory of items seized shall be made by the law enforcement officer serving a search warrant. The inventory shall be made in the presence of the person from whose possession or premises the property was taken, when feasible, or otherwise in the presence of at least one witness. The officer shall sign a statement on the inventory that it is a true and correct listing of all items seized, and that the signer is subject to the penalties and provisions of 18 Pa.C.S. Section 4904 (b) - Unsworn Falsification to Authorities. The inventory shall be returned to and filed with the issuing authority.

(b) The judicial officer to whom the return was made shall upon request cause a copy of the inventory to be delivered to the applicant for the warrant and to the person from whom, or from whose premises, the property was taken.

(c) When the search warrant affidavit (s) is sealed pursuant to Rule 211, the return shall be made to the justice or judge who issued the warrant.

THE LAW ENFORCEMENT OFFICER SHALL MAKE ALL RETURNS TO THE ISSUING AUTHORITY
DESIGNATED ON THE SEARCH WARRANT.

A COPY OF THIS FORM, WHEN COMPLETED, IS TO BE ATTACHED TO EACH COPY OF THE SEARCH WARRANTS / AFFIDAVIT Commonwealth of Pennsylvania RECEIPT / INVENTORY
OF SEIZED PROPERTY

COUNTY OF MONROE

Docket Number Police Incident Warrant Control (Issuing Authority): Number: PA2022-1651897 Number:
Date of Search 12/30/22: Time of Search: Inventory Page Number:
Approx 0125 1 of 1 Pages Trooper Justin M. LERI PSP 13223 Affiant Agency or Address if private affiant Badge No.

The following property was taken / seized and a copy of this Receipt / Inventory with a copy of the Search Warrant personally and affidavit served (s on) ((name if not sealed of person) was) BRYAN C. KOHBERGER was left at (describe the location) Item Quantity Item Make, Model, Serial No., Color, etc.

Number Description 1 1
SEE

Attachoo
FBI

FD

- 897 I / we do hereby state that this inventory is to the best of my / our knowledge and belief a true and correct listing of all items seized, and that I / we sign this Receipt / Inventory subject to the penalties and provisions of Title 18 Pa.C.S. 4904 (b) -- Unsworn Falsification to Authorities.

Tpr. Justin M. LERI PSP 13223 Signature of person Issuing Receipt / Inventory Printed Printed Nan Name Affiliation Badge or Title To Justim Lon 1322 Signature Signature of Witness Printed Name Affiliation Badge or Title Michael Moca Michael Mocadlo FBI SA Signature of person making Search Printed Name Affiliation Badge or Title

1 FD-597 (Rev. 4-13-2015) Page of
UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Receipt for Property 54-3683464.

Case ID: On (date) 12/30/2022 item (s) listed below were:
Collected / Seized Received From Returned To Released. To (Name) Bryan C. Kohberger (Street Address) 119 Lamoden Drive (City) Albrightsville PA 18210 Description of Item (s): (1) One (1) Defiant silver flashlight (2) Four (4) Medical style gloves (3) White Arizona jean co large t-shirt (4) Champion Wsh Congars large blach sweatshirt (5) lait of black and white size 13 Nike shoes (6) fair of blach Under Armour socks (7) Under Armar blach large shorts (8) Under Armor blach boxers large (9) One (1) baccal suab Nothing follows MRA 12/30/22 Nothing
Received By: Michal Mocadla B Received From:
(Signature) Bryanc (Signature,) Konberger
Printed Name / Title: Michael Mocadlo, 5 A Printed Name / Title:

Commonwealth of Pennsylvania APPLICATION FOR
SEARCH WARRANT

COUNTY OF MONROE AND AUTHORIZATION

Docket Number Police Incident Warrant Control (Issuing Authority): Number: PA2022-1651897 Number:
Tpr. Justin M. LERI Pennsylvania State Police 570-619-6800 12/29/2001 Tpr. Brian V. NOLL
AFFIANT NAME AGENCY PHONE NUMBER DATE OF APPLICATION

IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as specific as possible): " combuisertify This The person of Bryan C. KOHBERGER DOB 11/21/1994 to include all items listed in " Continuation that this is a true and correct.copy search warrant Certified From the Record this leember 29 Day of
A.D. 2022

Court of Common Pleas of Monroe County Forty-Third Judicial District Commonwealth George Warden, Clerkuat Courts & Clerk of of Orphans Pennsylvania Court SPECIFIC DESCRIPTION OF PREMISES AND / OR PERSON (PNS TO) should BE SEARCHED not be listed (Street. If and the No. identity, Apl. of No. an, Vehicle account, Sale number Deposit Box, etc.) Pa.Code §§ 213.1-213.7. Susan Deboer, Senior Deputy Clerk of Courts & Clerk The person of Bryan C. KOHBERGER DOB 11/21/1994 of Orphans Court NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (if proper name is unknown, give allas and / or description):
Bryan C. KOHBERGER DOB 11/21/1994 VIOLATION OF (Describe conduct or specify statute); DATE (S) OF VIOLATION:
Criminal Homicide 11/13/2022 Warrant Application Approved District-DA File No. Jana 12 / 29 / 22-2 (If DA approval required per Pa.R.Grim.P. 202 (A) with assigned File No. per Pa.R.Crim.P. 607) Additional Pages Attached (Other than Affidavit of Probable Cause) Probable Cause Affidavit (s) MUST be attached (unless sealed below) Total number of pages: _ TOTAL NUMBER OF PAGES IS SUM OF ALL APPLICATION, PROBABLE CAUSE AND CONTINUATION PAGES EVEN IF ANY OF THE PAGES ARE SEALED The below named Affiant, bejing duly sworn (or affirmed) before the issuing Authority according to law, deposes and says that there is probable cause to believe that certain property is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is otherwise subject to seizure, and is located at the particular premises or in the possession of the particular person as described above. Clerk of Courts Pennsylvania State Police Troop N 13223/10920 29 122 PM4: 54 Signature of Affiant Agency or Address if private Affiant Badge Number مان Sworn to and subscribed before me this day of Mag. Dist. No.

(SEAL) AUTHORITY

Signature of Issuing Authority Office Address SEARCH WARRANT WHEREAS, facts have been swom to or affirmed before me by written affidavit (s) attached hereto from TO LAW ENFORCEMENT which I have found probable cause, I do authorize you to search the premises or person described, and to
OFFICER: selze, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure.

This Warrant shall be served as soon as practicable and shall be served only between the hours of 6AM to 10PM but in no event later than: " This Warrant shall be served as soon as practicable and may be served any time during the day or night but In no event later than: ** ISSUING
4:35 P M. o'clock 31 December 2022 ☑ This Warrant shall be returned to judicial officer Margherita Patti-Worthington, PJ
* The issuing authority should specify a date not later than two (2) days after issuance. Pa.R.Crim.P. 205 (4). THE ** If the Issuing authority finds reasonable cause for issuing a nighttime warrant on the basis of additional reasonable cause set forth in the accompanying affidavit (s) BY and wishes to issue a nighttime warrant, then this block shall be checked. Pa.R.Crim.P. 206 (7).

Issued under my hand this 29 December 2022 4:35 P COMPLETED day of at M, o'clock.

43rd 31 December 2030 (SEAL) Signature of Issuing Authority Mag. Dist. or Judicial Dist. No. Date Commission Expires:
Title of Issuing Authority: ☐ Magisterial District Judge ☑ Common Pleas Judge For good cause stated in the affidavit (s) the Search Warrant Affidavit (s) are sealed for 60 days BE by my certification and signature. (Pa.R.Crim.P. 211) TO 31 December 2022 (Date) (SEAL) Signature of Issuing Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge).

AOPC 410A-10

Commonwealth of Pennsylvania APPLICATION FOR
SEARCH WARRANT

COUNTY OF MONROE CONTINUATION PAGES

Docket Number Police Incident Warrant Control (Issuing Authority): Number: PA2022-1851897 Number:
Continuation of:
☑ Items to be searched Description of premises / person (s) Owner / Occupant Violations and seized to be searched
• Any and all of the following, which may be found on his person:
• Blood or other bodily fluids or materials and items with blood or other bodily fluids or materials on, in, or near them;
• Knives, sheaths, other weapons or instrumentalities of injury or death and sales receipts or documentation from purchases or acquisition of such items;
• Documents, records, medications, drugs, or other substances, prescription or otherwise; bottles, labels, syringes, packaging, and other items associated with medications, drugs, or other substances, prescription or otherwise, that could relate to physical or mental states of assailants or victims, or relating to or containing Information Indicating, suggesting, or otherwise evidencing violence, a physical attack, a fight, or motive / hostility for any of the same;
• Any property belonging to Ethan Chapin, Kaylee Goncalves, Xana Kernodle, Madison Mogen, Bethany Funke, and / or Dylan Mortensen
• Documents, records, data compilations related to 1122 King Road, Moscow, Idaho and / or Ethan Chapin, and / or Kaylee Goncalves, and / or Xana Kernodle, and / or Madison Mogen, and / or Bethany Funke, and / or Dylan Mortensen
• Clothing to include but not limited to dark shirt (s) or pant (s), mask (s), shoes with a diamond pattern sole;
• DNA, footprints, fingerprints, fibers, animal and / or human hair or other physical or trace evidence, or iterns bearing these relating to or containing information indicating, suggesting, or related to violence, a fight, or motive / hostility for any of the same;
• Four (4) samples of Bryan Kohberger's deoxyribonucleic acid (DNA) by buccal swabs taken from the inside of Kohberger's mouth and / or whole blood samples;
• Alcoholic beverages, other intoxicants, and any containers or receipts for the same;
• Data compilations relating to or containing information indicating, suggesting, or related to violence, stabbing, a fight, or motive / hostility for any of the same, to Include without limitation ledgers, papers, lists, books, notes, letters, calendars, diaries, tapes, photographs, videos, or other media or similar documents or items, computer and communications devices capable of storing electronic data, other electronic storage devices and media, and access to contents of all of the above;
• All electronic devices including all communications content, including email, text (SMS, MMS or app chats), applications, cloud storage, notes or voicemail, including attachments, source and destination addresses, time and date information, connection logs, images and any other records, including indicia of use, ownership, possession, or control of such communication or information found; all location data for the above, which may be stored in GPS locations or cellular tower connection data, including metadata of photos or social networking posts, wi-fi logs, and data associated with installed ap