Latest / Beyond The Horizon / Mega Edition: The 2nd Spotify, ATT&T and Instagram Warrants In Moscow (10/9/26)
Transcript
- 0:00Speaker 1: Up everyone and welcome back to the program. In an
- 0:03Speaker 1: earlier episode from today, we were talking about new court
- 0:07Speaker 1: documents that hit the docket. Well, we're going to start
- 0:10Speaker 1: looking at those new court documents in this episode. And
- 0:14Speaker 1: to do that, we're going to start with the new
- 0:16Speaker 1: Spotify warrant that just hit the docket. So let's dive
- 0:21Speaker 1: right in. Case number CR 29-22-2805.
- 0:24Speaker 2: Order to seal.
- 0:29Speaker 1: And redact in the matter of the application for a
- 0:32Speaker 1: search warrant for Spotify USA. MPD case number 22-M0-9903. This
- 0:42Speaker 1: matter came before the court on August 22, 2023, on
- 0:47Speaker 1: the state's motion to seal or redact pursuant to I.C.A.R.32I.
- 0:53Speaker 1: The hearing was held via Zoom, and Ashley Jennings appeared
- 0:57Speaker 1: on behalf of the state. Ann Taylor appeared on behalf
- 1:00Speaker 1: of Mr.
- 1:01Speaker 2: Kohlberger.
- 1:02Speaker 1: The court reviewed the records, considered the arguments presented, weighed
- 1:06Speaker 1: the interests in privacy and public disclosure, and announced its
- 1:09Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32I2A
- 1:16Speaker 1: and E, the court finds it necessary to seal, impart,
- 1:21Speaker 1: and redact the record related to the search warrant for
- 1:24Speaker 1: the following reasons. 1. The document contains highly intimate facts
- 1:29Speaker 1: or statements, the publication of which would be highly objectionable
- 1:33Speaker 1: to a reasonable person, and 2. It is necessary to
- 1:37Speaker 1: preserve the right to a fair trial. After due consideration
- 1:41Speaker 1: and with good cause appearing, it is hereby ordered that
- 1:44Speaker 1: the record herein shall be disclosed except for the following. 1.
- 1:49Speaker 1: The affidavit, in support of search warrant, is sealed. 2.
- 1:53Speaker 1: the search warrant and receipt and inventory be redacted. Three,
- 1:58Speaker 1: this order will remain in effect until further order of
- 2:02Speaker 1: the court. This was dated on the 18th of August
- 2:06Speaker 1: of 2023, and it was signed by Judge Marshall. Moving
- 2:11Speaker 1: on to the next document, we have the order temporarily
- 2:14Speaker 1: sealing search warrant and related documents. Case number CR 29-22-2805.
- 2:23Speaker 1: in the matter of an application for a search warrant
- 2:26Speaker 1: for Spotify, MPD case number 22-M009903. Based upon the motion
- 2:35Speaker 1: to seal search warrant and related documents filed herein, the
- 2:39Speaker 1: court does hereby confirm and order that the affidavit for
- 2:43Speaker 1: search warrant including any exhibits, search warrant, return of search warrant,
- 2:48Speaker 1: including any exhibits, and inventories of items seized, and order
- 2:52Speaker 1: are confidential, exempt from disclosure, and are sealed pursuant to
- 2:56Speaker 1: Idaho Court Administrative Rule 32G1 for the reasons stated in
- 3:02Speaker 1: the said motion, and until October 1, 2023.
- 3:06Speaker 2: Or further order of the court, whichever occurs first.
- 3:10Speaker 1: So ordered, this second day of August 2023, and it
- 3:15Speaker 1: was signed by Judge Marshall. The next document we have
- 3:18Speaker 1: is the motion to temporarily seal search warrant and related
- 3:22Speaker 1: documents pending a hearing. Case number CR29-22-2805. In the matter
- 3:30Speaker 1: of the application for a search warrant for Spotify USA.
- 3:34Speaker 1: MPD case number 22-M009903. The state of Idaho, by and
- 3:42Speaker 1: through the Latah County prosecuting attorney, respectfully moves the court
- 3:46Speaker 1: pursuant to Idaho Court Administrative Rule 32G1 and Idaho Code
- 3:53Speaker 1: 74-124 for a temporary order sealing search warrant and related documents,
- 3:58Speaker 1: including the affidavit for search warrant, including any exhibits, search warrant,
- 4:03Speaker 1: return of search warrant, including all exhibits of the inventories
- 4:07Speaker 1: of items seized, and order filed herein, because release or
- 4:11Speaker 1: disclosure would, 1. Interfere with enforcement proceedings, 2. Deprive a
- 4:17Speaker 1: person of a right to a fair trial, 3. Constitute
- 4:21Speaker 1: an unwarranted invasion of personal privacy, 4. Disclose the identity
- 4:26Speaker 1: of a confidential source, and or 5. Disclose investigative techniques
- 4:31Speaker 1: and procedures. Wherefore, The state respectfully prays the court temporarily
- 4:36Speaker 1: seal from public disclosure the affidavit for search warrant, search warrant,
- 4:41Speaker 1: return of search warrant, including all exhibits and order herein
- 4:45Speaker 1: under the provisions of Idaho Court Administrative Rule 32G1 and
- 4:50Speaker 1: Idaho Code 74-124 pending a hearing on the matter. Respectfully
- 4:57Speaker 1: submitted this first day of August 2023. This was signed
- 5:01Speaker 1: by Ashley Jennings. The next document we have is the order.
- 5:06Speaker 1: Case number CR 29-22-2805. In the matter of an application
- 5:13Speaker 1: for a search warrant for Spotify USA, MPD case number 22-M0-9903.
- 5:20Speaker 1: In the above entitled matter, this court, having issued a
- 5:25Speaker 1: search warrant and no property was seized, Said warrant has
- 5:29Speaker 1: been returned to the court at 4 o'clock p.m. this
- 5:32Speaker 1: first day of August 2023. This was dated August 2nd
- 5:38Speaker 1: of 2023 and signed by Judge Marshall. The next document
- 5:43Speaker 1: we have is the return of the search warrant. Case
- 5:46Speaker 1: number CR29-22-2805. In the matter of the application for a
- 5:49Speaker 1: search warrant for Spotify USA. NPD case number 22-M09903. I,
- 6:02Speaker 1: Lawrence Mowry, the officer by whom this warrant was executed,
- 6:06Speaker 1: do certify that I served said search warrant on July 25th, 2023,
- 6:11Speaker 1: and that no property was seized pursuant thereto, and that
- 6:15Speaker 1: this warrant has been duly returned before the court at
- 6:19Speaker 1: 4 o'clock p.m. this first day of August, 2023.
- 6:22Speaker 2: I certify that.
- 6:25Speaker 1: Under penalty of perjury pursuant to the law of the
- 6:28Speaker 1: state of Idaho, that the foregoing is true and correct.
- 6:32Speaker 1: This document was signed on August 1st of 2023, and
- 6:36Speaker 1: it was signed by Lawrence Mowry.
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- 6:56Speaker 1: The next document we have is the affidavit of Lawrence Mowry. I,
- 7:01Speaker 1: Lawrence Mowry, being duly sworn, do hereby state the following
- 7:04Speaker 1: information is true and correct to the best of my
- 7:07Speaker 1: knowledge and belief. One, that I am employed by a
- 7:11Speaker 1: Moscow police department in the official position of forensic detective. 2.
- 7:16Speaker 1: Affidavit has been a trained and qualified peace officer for
- 7:20Speaker 1: 13 years. 3. On July 25th, 2023, I obtained a
- 7:25Speaker 1: search warrant for Spotify. 4. The warrant was served on
- 7:29Speaker 1: July 25th, 2023 by email to Redacted. 5. On July 26th, 2023,
- 7:31Speaker 1: I received an email from Spotify saying, which stated the
- 7:40Speaker 1: requested information cannot be located. Further, your affiant saith not.
- 7:45Speaker 1: This was signed by Lawrence Mowry and it was dated
- 7:48Speaker 1: on the 1st of August of 2023. The next document
- 7:52Speaker 1: is the search warrant itself. Case number CR 29-22-2805. In
- 7:55Speaker 1: the matter of the application for a search warrant for
- 7:58Speaker 1: Spotify USA. MPD case number 22-M09903 to any peace officer
- 8:11Speaker 1: authorized to enforce or assist in enforcing any law of
- 8:14Speaker 1: the state of Idaho. Lawrence Mowry having given me proof
- 8:18Speaker 1: upon oath this day showing probable cause establishing grounds for
- 8:23Speaker 1: issuing a search warrant And there is probable cause to
- 8:26Speaker 1: believe that the property referred to and sought in or
- 8:29Speaker 1: upon said premises consists of information related to the investigation
- 8:34Speaker 1: of the homicide and or burglary at 1122 King Road, Moscow, Idaho,
- 8:40Speaker 1: on or about November 13th, 2022 on the Spotify account
- 8:45Speaker 1: of redacted with any of the following identifiers, email address
- 8:49Speaker 1: redacted and or redacted redacted and or redacted phone number
- 8:55Speaker 1: redacted generated on or between June 1st, 2022 to present,
- 9:00Speaker 1: including redacted logs of user actions with the Spotify service,
- 9:05Speaker 1: including date and time to include search queries, streaming history, playlists,
- 9:11Speaker 1: user library, browsing history, account settings, interactions with other Spotify users,
- 9:17Speaker 1: other third-party services, devices, and applications in connection with the
- 9:22Speaker 1: Spotify service, user content when participating in Spotify promotions, such
- 9:28Speaker 1: as contests or sweepstakes, user content posted to any part
- 9:32Speaker 1: of the Spotify service, images, audio, text, titles, description, communications,
- 9:38Speaker 1: and other types of content. Technical data to include URL information,
- 9:44Speaker 1: online identifiers, such as cookie data and IP addresses. Information
- 9:49Speaker 1: about the user devices to include device IDs, network connection type, e.g. Wi-Fi, 4G, LTE,
- 9:57Speaker 1: and Bluetooth. Provide network and device performance, browser type, language,
- 10:04Speaker 1: information enabling, digital rights management, operating system, Spotify application version,
- 10:11Speaker 1: information collected to discover and connect with third-party devices and
- 10:15Speaker 1: applications to include device name, device identifier, brand and version.
- 10:21Speaker 1: Examples of third-party devices and applications are devices on user
- 10:26Speaker 1: Wi-Fi network, such as speakers, which can connect to the
- 10:29Speaker 1: Spotify service user devices operating system, makes available when connecting
- 10:35Speaker 1: via Bluetooth, plug-in and installation, Spotify partner applications to determine
- 10:40Speaker 1: whether the application is installed on a user's device, User general,
- 10:45Speaker 1: non-precise location to include country, region, or state. User device
- 10:51Speaker 1: sensor data to include motion generated or orientation generated device
- 10:56Speaker 1: sensor data, which the user device collects about the way
- 11:00Speaker 1: the user moves or holds their device. Subscriber information to
- 11:05Speaker 1: include name, date of birth, payment method, type, car type,
- 11:09Speaker 1: expiration date, and digits of card number, zip postal code,
- 11:14Speaker 1: mobile phone number, details of user purchases, and payment history
- 11:19Speaker 1: that is stored at premises owned, maintained, and controlled or
- 11:22Speaker 1: operated by Spotify USA. You are therefore commanded to search
- 11:27Speaker 1: the above described premises for the property described above to
- 11:31Speaker 1: seize it if found and bring it promptly before the
- 11:34Speaker 1: court above named. This warrant shall be executed within 14
- 11:39Speaker 1: days of issuance and is authorized for daytime or nighttime
- 11:43Speaker 1: pursuant to Idaho Criminal Rule 41. Daytime means the hours
- 11:47Speaker 1: between 6 a.m. and 10 p.m. Pacific Standard Time and
- 11:51Speaker 1: under the following special directions. This search warrant is issued
- 11:55Speaker 1: for a law enforcement purpose. Spotify is ordered not to
- 11:59Speaker 1: disclose the existence or contents of this search warrant or
- 12:03Speaker 1: the information furnished in response to the search warrant for
- 12:07Speaker 1: a period of 90 days or until further order of
- 12:10Speaker 1: the court. Spotify shall disclose the described property and information
- 12:15Speaker 1: within 14 days of issuance. Given under my hand and
- 12:19Speaker 1: dated this 25th day of July 2023. This document was
- 12:24Speaker 1: signed by Judge Marshall. All right, folks, that's going to
- 12:27Speaker 1: do it for this one. If you'd like to contact me,
- 12:29Speaker 1: you can do that at bobbycapucci at protonmail.com. That's B-O-B-B-Y-C-A-P-U-C-C-I
- 12:37Speaker 1: at protonmail.com. All of the information that goes with this
- 12:41Speaker 1: episode can be found in the description box.
- 12:44Speaker 2: Back to the program.
- 12:45Speaker 1: In this episode, we're going to dive right back into
- 12:48Speaker 1: those court documents. And we're going to take a look
- 12:52Speaker 1: at the second AT & T warrant. So let's get
- 12:56Speaker 1: to it. Case number CR29-22-2805. The order to seal and redact.
- 13:06Speaker 1: In the matter of the application for a search warrant
- 13:08Speaker 1: for AT & T Mobility. MPD case number 22-M0-9903. This
- 13:19Speaker 1: matter came before the court on February 10th, 2023, on
- 13:24Speaker 1: the court's motion to seal or redact pursuant to I.C.A.R.32I.
- 13:31Speaker 2: The hearing was held via Zoom. William W. Thompson Jr.
- 13:35Speaker 1: And Ashley Jennings appeared on behalf of the state, and
- 13:39Speaker 1: Taylor appeared on behalf of Mr.
- 13:41Speaker 2: Kohlberger.
- 13:42Speaker 1: The court reviewed the records, considered the arguments presented, weighed
- 13:46Speaker 1: the interest in privacy and public disclosure, and denounced its
- 13:50Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32I.2A.D.,
- 14:00Speaker 1: the court finds it necessary to seal, in part, and
- 14:03Speaker 1: redact the record related to the search warrant for the
- 14:06Speaker 1: following reasons. 1. The documents contain highly intimate facts or statements,
- 14:12Speaker 1: the publication of which would be highly objectionable To a
- 14:16Speaker 1: reasonable person. And. Two.
- 14:19Speaker 2: It is necessary.
- 14:20Speaker 1: To preserve the right. To a fair trial. After due consideration.
- 14:25Speaker 1: With good cause appearing. It is hereby ordered. That the
- 14:28Speaker 1: record herein. Shall be disclosed. Except for the following. One.
- 14:33Speaker 2: The affidavit in support. Of search warrant. Is sealed. Two.
- 14:38Speaker 2: The search warrant. And receipt. And inventory. Be redacted. Three.
- 14:43Speaker 2: This order.
- 14:44Speaker 1: Will remain in effect. until further order of the court.
- 14:49Speaker 1: This was signed on February 27th of 2023, and it
- 14:55Speaker 1: was signed by Judge Marshall. The next document is the
- 15:00Speaker 1: order sealing the search warrant and related documents in the
- 15:04Speaker 1: matter of the application for a search warrant for AT
- 15:08Speaker 1: & T. NPD case number 22-M09903. Based upon the motion
- 15:17Speaker 1: to seal search warrant and related documents filed herein, the
- 15:20Speaker 1: court does hereby confirm and order that the affidavit for
- 15:25Speaker 1: search warrant, including any exhibits, search warrant, return of search warrant,
- 15:30Speaker 1: including the inventory of items seized, and order are confidential,
- 15:35Speaker 1: exempt from disclosure, and are sealed pursuant to Idaho Court
- 15:39Speaker 1: Administrative Rule 32G1 for the reasons stated in the said motion.
- 15:45Speaker 1: end until April 7th, 2023, or further order of the court,
- 15:50Speaker 1: whichever comes first. This was signed on January 7th by
- 15:57Speaker 1: Judge Marshall. The next document is the motion to seal
- 16:01Speaker 1: search warrant and related documents in the matter of the
- 16:05Speaker 1: application for a search warrant for AT & T. MPD
- 16:10Speaker 1: case number 22-M0 9903. The state of Idaho, by and
- 16:17Speaker 1: through the Latah County prosecuting attorney, respectfully moves the court
- 16:22Speaker 1: pursuant to Idaho Court Administrative Rule 32G1 and Idaho Code
- 16:29Speaker 1: 74-124 for an order sealing search warrant and related documents,
- 16:34Speaker 1: including the affidavit for search warrant, including any exhibits, search warrant,
- 16:39Speaker 1: return of search warrant, including the inventory of items seized
- 16:43Speaker 1: and order filed, Herein, because release or disclosure would, one,
- 16:48Speaker 1: interfere with enforcement proceedings, two, constitute an unwarranted invasion of
- 16:54Speaker 1: personal privacy, three, disclose the identity of a confidential source,
- 16:59Speaker 1: and four, disclose investigative techniques and procedures. And the state
- 17:05Speaker 1: seeks this protection for a minimum of 90 days or
- 17:09Speaker 1: until such time as the investigation is concluded or charges
- 17:13Speaker 1: are filed. Wherefore, the state respectfully prays that the court
- 17:18Speaker 1: seal from public disclosure the affidavit for search warrant, search warrant,
- 17:23Speaker 1: return for search warrant, and order herein under the provisions
- 17:27Speaker 1: of Idaho Court Administrative Rule 32G1 and Idaho Code 74-124.
- 17:36Speaker 1: This was signed by Ashley Jennings, Senior Deputy Prosecuting Attorney,
- 17:41Speaker 1: and it was signed on January 6th The next document
- 17:48Speaker 1: is the Return of Search Warrant. In the matter of
- 17:51Speaker 1: application for a search warrant for AT & T Mobility.
- 17:56Speaker 1: MPD Case Number 22-M09903. I, Corporal Brett Payne, the officer
- 18:05Speaker 1: by whom this warrant was executed, do certify the appended
- 18:09Speaker 1: inventory contains a true and detailed account of all property
- 18:13Speaker 1: taken by me or other officers pursuant to this warrant
- 18:17Speaker 1: and that this warrant and property have been duly returned
- 18:20Speaker 1: before Judge Megan E. Marshall at 9 o'clock a.m. this
- 18:24Speaker 1: sixth day of January. I certify under penalty of perjury
- 18:29Speaker 1: pursuant to the law of the state of Idaho that
- 18:32Speaker 1: that the foregoing is true and correct. This was signed
- 18:35Speaker 1: by Officer Brett Payne, and it was dated on the
- 18:40Speaker 1: 6th of January of 2023. The next document is the
- 18:45Speaker 1: affidavit of Brett Payne. I, Corporal Brett Payne, being duly sworn,
- 18:52Speaker 1: do hereby state the following information is true and correct
- 18:56Speaker 1: to the best of my knowledge and belief. One, that
- 18:59Speaker 1: I am employed by Moscow Police Department in the official
- 19:03Speaker 1: position of Detective Corporal. Two, Affidavit has been trained and
- 19:08Speaker 1: qualified peace officer for four years. Three, on December 23rd, 2022,
- 19:15Speaker 1: Corporal Brett Payne obtained a search warrant for AT & T. Four,
- 19:21Speaker 1: the warrant served on December 23, 2022, by email. 5.
- 19:28Speaker 1: On December 23, 2022, Lawrence Mowry received an email from
- 19:33Speaker 1: AT & T which contained the requested information. 6. An
- 19:37Speaker 1: inventory was prepared for all the items received. 7. The
- 19:42Speaker 1: information received was placed into evidence at the Moscow Police Department.
- 19:47Speaker 2: This affidavit was.
- 19:48Speaker 1: Signed on January 6, 6th of 2023, and it was
- 19:52Speaker 1: signed by Brett Payne. The next document is receipt and
- 19:57Speaker 1: inventory of the warrant in the matter of the application
- 20:00Speaker 1: for a search warrant for AT & T. On the
- 20:04Speaker 1: 23rd day of December 2022, at approximately 1028 a.m., The
- 20:10Speaker 1: following peace officer, Detective Lawrence Mowry, redacted, redacted, redacted, all
- 20:16Speaker 1: of it's redacted here on the receipt and inventory, so
- 20:19Speaker 1: nothing really to add there. And the receipt and inventory
- 20:23Speaker 1: was signed on the 23rd of December. It was served
- 20:27Speaker 1: to AT & T, and the person who signed it
- 20:31Speaker 1: was Brett Payne. The next document is the order. In
- 20:36Speaker 1: the matter of the application for a search warrant for
- 20:39Speaker 1: AT & T Mobility. MPD Case Number 22-M09903. In the
- 20:48Speaker 1: above titled matter, this court having heretofore issued a search
- 20:52Speaker 1: warrant and the said search warrant having been served according
- 20:55Speaker 1: to law and the return of warrant having been duly
- 20:58Speaker 1: made as directed in said search warrant to this court
- 21:02Speaker 1: and a written inventory of the property found and seized
- 21:06Speaker 1: having been duly made and taken before the undersigned magistrate
- 21:10Speaker 1: or judge, and filed herein. Now, therefore, it is hereby ordered,
- 21:16Speaker 1: that the said peace officer shall deliver, or cause to
- 21:20Speaker 1: be delivered, the property described in said inventory to the
- 21:23Speaker 1: Moscow Police Department, or such other law enforcement agency, as
- 21:28Speaker 1: may be appropriate for the purpose of preserving said property
- 21:32Speaker 1: for use as evidence, or, until further order of a
- 21:36Speaker 1: court of competent jurisdiction. Once any related criminal case has
- 21:41Speaker 1: been concluded, including the expiration of time for appeal or
- 21:45Speaker 1: at such other appropriate time, the property can be released
- 21:49Speaker 1: or disposed of upon authorization of the jurisdictional prosecuting attorney.
- 21:56Speaker 1: It is further ordered that said property or any part
- 22:00Speaker 1: thereof may be delivered to any person or laboratory or
- 22:04Speaker 1: laboratories for the purpose of conducting or obtaining any tests, analysis,
- 22:11Speaker 1: or identification of said property, which is deemed necessary by
- 22:15Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
- 22:21Speaker 1: further order of this court. And this was signed on
- 22:24Speaker 1: the 7th of January of 2023 by Judge Megan Marshall.
- 22:31Speaker 1: And finally, the last part of this court filing is
- 22:35Speaker 1: the actual search warrant. In the matter of the application
- 22:39Speaker 1: for a search warrant for AT & T to any
- 22:42Speaker 1: peace officer authorized in force or assist in enforcing any
- 22:46Speaker 1: law of the state of Idaho, Brett Payne, having given
- 22:50Speaker 1: me proof upon oath this day, showing probable cause establishing
- 22:54Speaker 1: grounds for issuing a search warrant and probable cause to
- 22:58Speaker 1: believe property consists of certain evidence, regarding the investigation into
- 23:04Speaker 1: the crime of homicide at 1122 King Road in Moscow,
- 23:08Speaker 1: Idaho is on the AT & T account associated with
- 23:13Speaker 1: a phone number redacted between November 12th, 2022 at 12 a.m.
- 23:19Speaker 1: Pacific Standard Time to November 14th, 2022 at 12 a.m.
- 23:24Speaker 1: Pacific Standard Time. Information should include user account information, location data,
- 23:30Speaker 1: and stored communications held by AT & T described in
- 23:35Speaker 1: further detail as follows. 1. All customer subscriber information, including
- 23:42Speaker 1: any listed addresses, other listed telephone numbers, social security numbers,
- 23:47Speaker 1: dates of birth, names, addresses, any other customer identifying information,
- 23:53Speaker 1: mobile handset or device identifiers, serial numbers, MEID, ESN, IMSI,
- 24:01Speaker 1: IMEI SUPI activation date and deactivation date and point of
- 24:07Speaker 1: purchase or location device was purchased, if applicable. 2. Device
- 24:13Speaker 1: Purchase Information This, specifically, to include the date, time, and
- 24:19Speaker 1: location of where the device or any prepaid refill cards
- 24:23Speaker 1: were purchased, as well as any information maintained about the
- 24:28Speaker 1: purchase to include store names, store number, terminal number, and
- 24:33Speaker 1: amount of purchase. 3. Any email addresses associated with the
- 24:38Speaker 1: account or with the device that is currently on file
- 24:42Speaker 1: and stored in the normal course of business of the
- 24:45Speaker 1: service provider. 4. Call detail records, including detailed information in
- 24:51Speaker 1: reference to all known outgoing and incoming calls associated with
- 24:56Speaker 1: the account, dates and times calls were made, and duration
- 25:00Speaker 1: of all calls made or received. This is to include
- 25:04Speaker 1: any other pertinent call detail records, including special feature codes
- 25:09Speaker 1: or any other codes that are maintained in the normal
- 25:12Speaker 1: course of business for the service provider of any cellular
- 25:16Speaker 1: numbers identified in the course of the investigation. In addition
- 25:21Speaker 1: to voice calls, this would also include any detail records
- 25:25Speaker 1: showing text messages, MMS messages, or data activity. A. In
- 25:31Speaker 1: the event the requested call detail records contain other service
- 25:35Speaker 1: provider customer numbers identified as either incoming or outgoing calls,
- 25:41Speaker 1: the service provider will provide subscriber information to the specific
- 25:46Speaker 1: numbers identified if requested. 5. Cell site information to include
- 25:52Speaker 1: all known cell towers associated with outgoing and incoming calls,
- 25:57Speaker 1: call detail records. This information is to include any sector information,
- 26:02Speaker 1: azimuth for each identified sector, cell site location, handoff tower
- 26:08Speaker 1: and sector, time on tower information, and any other related
- 26:12Speaker 1: material that would be necessary to identify the location and
- 26:16Speaker 1: sector in reference to the cell site information associated with
- 26:20Speaker 1: the call detail records. In the event text messages, MMS messages,
- 26:26Speaker 1: data activity, including IP sessions and destination addresses that were produced,
- 26:32Speaker 1: these records are also included in this request. 6. Cell
- 26:39Speaker 1: site locations for all service provider cell sites, sector information,
- 26:44Speaker 1: including azimuth headings, In the regional market associated with the
- 26:49Speaker 1: requested cell site information. 7. Location information. To include any
- 26:55Speaker 1: estimated or known longitude and latitude of the cellular device's
- 27:00Speaker 1: current location or approximate location, information received by cell tower
- 27:05Speaker 1: or towers in reference to direction and distance from the
- 27:09Speaker 1: tower a device may be located. Timing and triangulation information.
- 27:15Speaker 1: Radio frequency signal. strengths, direction, and transmission information. The geographical
- 27:21Speaker 1: constraints of location information will be limited to the United States. Eight,
- 27:27Speaker 1: location information can be in the form of historical records.
- 27:31Speaker 1: This would include any reports of device activity that would
- 27:35Speaker 1: include the approximate latitude and longitude of the device at
- 27:40Speaker 1: the time of the activity, estimated margin of error, direction
- 27:44Speaker 1: and distance from the tower, and other location-related information, commonly
- 27:49Speaker 1: referred to as real-time tool, RTT. Timing advance information, location
- 27:55Speaker 1: database of record, this further includes any other similar report
- 28:00Speaker 1: in nature that would provide an estimate of the cellular
- 28:04Speaker 1: phone on the service provider's network. 9. All text message
- 28:10Speaker 1: and or MMS messages, including message content, currently stored in
- 28:14Speaker 1: the normal course of business for the service provider, to
- 28:18Speaker 1: include any cloud services which allow for the long-term storage
- 28:21Speaker 1: of both voicemails and SMS, MMS messages.
- 28:25Speaker 2: 10.
- 28:27Speaker 1: Cloud Data Any content that may have been backed up
- 28:30Speaker 1: to the cloud storage for the listed dates and times.
- 28:34Speaker 1: If said cloud storage has been provided by a third-party provider,
- 28:38Speaker 1: please provide relevant contact information for that provider. Please provide
- 28:44Speaker 1: this information to Brett Payne at redacted in digital format
- 28:49Speaker 1: on a compact disc in Excel, PDF, or text format.
- 28:53Speaker 1: You are therefore commanded to search the above described premises
- 28:57Speaker 1: for the property described above to seize it if found
- 29:00Speaker 1: and bring it promptly before the court above named. This
- 29:04Speaker 1: warrant shall be executed within 14 days of issuance and
- 29:08Speaker 1: is authorized for daytime or nighttime service. Pursuant to Idaho
- 29:12Speaker 1: Criminal Rule 41, daytime means the hours between 6 a.m.
- 29:17Speaker 1: and 10 p.m. Pacific Standard Time and under the following
- 29:22Speaker 1: special directions. This search warrant is issued for a law
- 29:25Speaker 1: enforcement purpose. The service provider, AT & T, is ordered
- 29:30Speaker 1: not to disclose the existence or contents of the search
- 29:33Speaker 1: warrant or the information furnished in response to the search
- 29:37Speaker 1: warrant for a period of 90 days.
- 29:41Speaker 2: Or until further order of the court.
- 29:44Speaker 1: This was signed by Judge Marshall and it was dated
- 29:49Speaker 1: on December 23rd of 2022.
- 29:54Speaker 2: All right, so our.
- 29:55Speaker 1: Delve into the court documents continues with a look at
- 29:59Speaker 1: the second AT & T warrant. All right, folks, that's
- 30:03Speaker 1: going to do it for me. All of the information
- 30:05Speaker 1: that goes with the episode, that can be found in
- 30:08Speaker 1: the description box. What's up, everyone, and welcome back to
- 30:13Speaker 1: the program. In this episode, we're diving back into the
- 30:16Speaker 1: court documents of an Idaho, and we're going to take
- 30:19Speaker 1: a look at the newly released Meta Platforms Warrant. Case
- 30:24Speaker 1: number CR29-22-2805. In the matter of the application for a
- 30:27Speaker 1: search warrant for Meta Platforms, MBD case number 22-M0903. This
- 30:30Speaker 1: matter came before the court on January 3, 2024. on
- 30:42Speaker 1: the state's motion to seal or redact pursuant to I.C.A.R.32i.
- 30:48Speaker 1: The hearing was held via Zoom. Ashley Jennings appeared on
- 30:51Speaker 1: behalf of the state, and Taylor appeared on behalf of Mr. Kohlberger.
- 30:55Speaker 1: The court reviewed the records, considered the arguments presented, weighed
- 30:58Speaker 1: the interests in privacy and public disclosure, and announced its
- 31:02Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32i.2a.nd,
- 31:09Speaker 1: the court finds it necessary to seal, in part, and
- 31:12Speaker 1: redact the record related to the search warrant for the
- 31:14Speaker 1: following reasons. 1. The documents contain highly intimate facts or statements,
- 31:19Speaker 1: the publication of which would be highly objectionable to a
- 31:22Speaker 1: reasonable person, and 2. The documents contain facts or statements
- 31:27Speaker 1: that might threaten or endanger the life or safety of individuals.
- 31:31Speaker 1: After due consideration, and with good cause appearing, it is
- 31:34Speaker 1: hereby ordered that the record herein shall be disclosed except
- 31:38Speaker 1: for the following. 1. The affidavit in support of search
- 31:41Speaker 1: warrant is sealed to the search warrant and receipt and
- 31:45Speaker 1: inventory be redacted. Three, this order will remain in effect
- 31:49Speaker 1: until further order of the court. This was dated on
- 31:53Speaker 1: January 22nd of 2024, and it was signed by Judge Marshall.
- 31:58Speaker 1: The next document is the order continuing temporary seal of
- 32:02Speaker 1: search warrant and related documents pending a hearing. Based upon
- 32:07Speaker 1: the stipulation to continue seal of search warrants and related
- 32:10Speaker 1: documents pending hearing filed herein, the court does hereby confirm
- 32:14Speaker 1: and temporarily order that the affidavit for search warrant, including
- 32:18Speaker 1: any exhibits, search warrant, return of search warrant, including any
- 32:22Speaker 1: exhibits and inventories of items seized, and order for the
- 32:25Speaker 1: following search warrants, Microsoft, Meta, and TikTok, remain sealed. and confidential,
- 32:33Speaker 1: exempt from disclosure, and are sealed pursuant to court administrative
- 32:36Speaker 1: rule 32G1 until February 1st, 2024, or further order of
- 32:42Speaker 1: the court, whichever occurs first. This was dated on the
- 32:46Speaker 1: 17th of November of 2023, and it was signed by
- 32:50Speaker 1: Judge Marshall. The next document we have is the stipulation
- 32:53Speaker 1: to continue seal of search warrants and related documents pending
- 32:57Speaker 1: a hearing. comes now the state of Idaho and the
- 33:00Speaker 1: above-named defendant by and through their respective attorneys of record
- 33:04Speaker 1: and hereby stipulate to the entry of an order extending
- 33:08Speaker 1: the temporary sealing of the following, the Microsoft search warrant,
- 33:13Speaker 1: the Meta search warrant, and the TikTok search warrant. The
- 33:16Speaker 1: above documents are currently sealed until December 1st, 2023. However,
- 33:21Speaker 1: the parties and court's calendar cannot accommodate a hearing prior
- 33:24Speaker 1: to December 1st, 2023. The party stipulates setting this matter
- 33:29Speaker 1: after December 1, 2023, and requests that the above documents
- 33:33Speaker 1: remain temporarily sealed until a hearing on the matter pursuant
- 33:37Speaker 1: to Idaho Court Administrative Rule 32G1. Respectfully submitted this 17th
- 33:43Speaker 1: day of November, 2023, and this was signed by Ann
- 33:46Speaker 1: Taylor and Ashley Jennings. The next document is the order
- 33:50Speaker 1: temporarily sealing the search warrant and the related documents. in
- 33:54Speaker 1: the matter of the application for a warrant for Meta Platforms.
- 33:58Speaker 1: Based upon the motion to seal search warrant and related
- 34:00Speaker 1: documents filed herein, the court does hereby confirm and order
- 34:04Speaker 1: that the affidavit for search warrant, including any exhibits, search warrant,
- 34:08Speaker 1: return of search warrant, including any exhibits and inventories of
- 34:11Speaker 1: items seized, and order are confidential, exempt from disclosure, and
- 34:15Speaker 1: are sealed pursuant to Idaho Court Administrative Rule 32G1 for
- 34:20Speaker 1: the reasons stated in the said motion, and until December 1st, 2023,
- 34:25Speaker 1: or further order of the court, whichever occurs first. So
- 34:28Speaker 1: ordered on 9-12-23, and it was signed by Megan Marshall.
- 34:34Speaker 1: The motion to temporarily seal search warrant and related documents
- 34:37Speaker 1: pending a hearing. The state of Idaho, by and through
- 34:40Speaker 1: the Latah County prosecuting attorney, respectfully moves the court pursuant
- 34:44Speaker 1: to Idaho court Administrative Rule 32G1 and Idaho Code 74-124
- 34:51Speaker 1: for a temporary order sealing search warrant and related documents,
- 34:55Speaker 1: including the affidavit for search warrant, including any exhibits, search warrant,
- 34:59Speaker 1: return of search warrant, including all exhibits of the inventories
- 35:02Speaker 1: of items seized and order filed herein because release or
- 35:06Speaker 1: disclosure would 1. Interfere with enforcement proceedings, 2. Deprive a
- 35:10Speaker 1: person of a right to a fair trial, 3. constitute
- 35:14Speaker 1: an unwarranted invasion of a personal privacy, 4. disclose the
- 35:17Speaker 1: identity of a confidential source, and or 5. disclose investigative
- 35:22Speaker 1: techniques and procedures. Wherefore, the State respectfully prays that the
- 35:27Speaker 1: Court temporarily seal from public disclosure the affidavit for search warrant,
- 35:31Speaker 1: search warrant, return of search warrant, including all exhibits, and
- 35:35Speaker 1: order herein, under the provisions of Idaho Court Administrative Rule 32G1,
- 35:40Speaker 1: and Idaho Code 74-124, pending a hearing on the matter.
- 35:45Speaker 1: Respectfully submitted this 11th day of September, 2023. This document
- 35:50Speaker 1: was signed by Ashley Jennings. The next document we have
- 35:54Speaker 1: is the order. In the matter of the application for
- 35:57Speaker 1: a search warrant for Meta Platforms. In the above titled
- 36:01Speaker 1: matter of this court, having heretofore issued a search warrant,
- 36:04Speaker 1: and the said search warrant having been served according to law,
- 36:08Speaker 1: and the return of the warrant having been duly made,
- 36:10Speaker 1: as directed in said search warrant to this court, and
- 36:13Speaker 1: a written inventory of the property found and seized, having
- 36:16Speaker 1: been duly made, and taken before the undersigned magistrate or judge,
- 36:20Speaker 1: and filed herein. Now, therefore, it is hereby ordered, that
- 36:24Speaker 1: the said peace officer shall deliver or cause to be
- 36:27Speaker 1: delivered the property described in said inventory to the Moscow
- 36:30Speaker 1: Police Department, or such other law enforcement agency as may
- 36:34Speaker 1: be appropriate for the purpose of preserving said property for
- 36:38Speaker 1: use as evidence or until further order of a court
- 36:41Speaker 1: of competent jurisdiction. Once any related criminal case has been concluded,
- 36:46Speaker 1: including the expiration of time for appeal or at such
- 36:49Speaker 1: other appropriate time, the property can be released or disposed
- 36:53Speaker 1: of upon authorization of the jurisdictional prosecuting attorney. It is
- 36:58Speaker 1: further ordered that that said property or any part thereof
- 37:02Speaker 1: may be delivered to any person or laboratory or laboratories
- 37:06Speaker 1: for the purpose of conducting or obtaining any tests, analysis,
- 37:10Speaker 1: or identification of said property which is deemed necessary by
- 37:14Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
- 37:19Speaker 1: further order of this court. This was dated on 9-12-23
- 37:22Speaker 1: and it was signed by Judge Marshall. The next document
- 37:27Speaker 1: we have is the return of the search warrant. I,
- 37:29Speaker 1: Lawrence Mowry, the officer by whom this warrant was executed,
- 37:32Speaker 1: do certify the appended inventory contains a true and detailed
- 37:36Speaker 1: account of all property taken by me or other officers
- 37:39Speaker 1: pursuant to this warrant and that this warrant and property
- 37:42Speaker 1: have been duly returned before Judge Megan E. Marshall at
- 37:46Speaker 1: 10 o'clock a.m. this 12th day of September 2023. I
- 37:50Speaker 1: certify under penalty of perjury pursuant to the law of
- 37:54Speaker 1: the state of Idaho that the foregoing is true and correct.
- 37:57Speaker 2: This was dated.
- 37:58Speaker 1: On 9-11-2023 and signed by Officer Mowry. The Affidavit of
- 38:04Speaker 1: Officer Mowry. I, Lawrence Mowry, being duly sworn, do hereby
- 38:08Speaker 1: state the following information is true and correct to the
- 38:11Speaker 1: best of my knowledge and belief. 1. That I am
- 38:14Speaker 1: employed by the Moscow Police Department in the official position
- 38:18Speaker 1: of Forensic Detective. 2. Affidavit has been a trained and
- 38:21Speaker 1: qualified peace officer for 13 years. 3. On 7-24-23, I
- 38:27Speaker 1: obtained a search warrant for Instagram. 4. The warrant was
- 38:30Speaker 1: served 7-25-23 by a law enforcement online portal. 5. On 9-6-23,
- 38:37Speaker 1: I received an email from Instagram stating the data was
- 38:40Speaker 1: available to download. 6. On 9-11-23, I logged into the
- 38:45Speaker 1: online portal and downloaded the requested data. 7. An inventory
- 38:49Speaker 1: was prepared for all the items received. 8. The information
- 38:53Speaker 1: received was placed into evidence. at the Moscow Police Department. Further,
- 38:57Speaker 1: your affiant saith not. This was signed by Lawrence Mowry,
- 39:00Speaker 1: and it was dated 9-11-23. The Receipt and Inventory of
- 39:05Speaker 1: the Warrant On the 25th day of July 2023, at
- 39:08Speaker 1: approximately 10-20 a.m., the following peace officer, Detective Lawrence Mowry,
- 39:14Speaker 1: served the search warrant heretofore issued upon the place and
- 39:17Speaker 1: or person described therein as directed in said search warrant.
- 39:21Speaker 1: Entrance was obtained by Facebook Records. Next part, redacted. Then
- 39:26Speaker 1: the next part, description of property accounts associated with usernames.
- 39:30Speaker 2: All redacted.
- 39:31Speaker 1: And then the final part is the date and the
- 39:34Speaker 1: signature of Lawrence Mowry. And the date is September 11th, 2023.
- 39:38Speaker 1: The next document is the search warrant. To any peace
- 39:42Speaker 1: officer authorized to enforce or assist in enforcing any law
- 39:46Speaker 1: of the state of Idaho. Lawrence Mowry, having given me
- 39:49Speaker 1: proof upon oath this day showing probable cause, establishing grounds
- 39:53Speaker 1: for issuing a search warrant and probable cause to believe
- 39:56Speaker 1: property consists of information and it consists of information related
- 40:00Speaker 1: to the crimes of homicide and or burglary occurring at
- 40:04Speaker 1: 1122 King Road, Moscow, Idaho on or about November 13th,
- 40:07Speaker 1: 2022 on the following Instagram accounts from June 23rd, 2022
- 40:09Speaker 1: to November 21st, 2022. Zanna Kernodal, Madison Mogan, Kaylee Gonsalves.
- 40:19Speaker 1: To include all user-subscribed information, but not limited to, FBID
- 40:24Speaker 1: identification number, email address, date, and timestamp of account creation
- 40:28Speaker 1: date displayed in GMT, most recent account logins in GMT,
- 40:33Speaker 1: registered mobile number, and verification on whether the number is
- 40:36Speaker 1: publicly viewable. the length of service, including start date, the
- 40:40Speaker 1: types of services utilized by the user, and the means
- 40:43Speaker 1: and source of any payments associated with the service, including
- 40:47Speaker 1: any credit card or bank account number, for the Instagram
- 40:50Speaker 1: accounts listed above. User contact information to include name, birth date,
- 40:55Speaker 1: contact email addresses, physical address, city, state, zip, home phone,
- 40:59Speaker 1: cell phone, work phone, screen name and website, all privacy settings,
- 41:04Speaker 1: and other account settings. User photo print, including all photos
- 41:08Speaker 1: uploaded by that user ID and all photos uploaded by
- 41:11Speaker 1: any user that has user tagged, including any metadata and
- 41:16Speaker 1: exit data associated with the files, including data of upload
- 41:20Speaker 1: and other metadata if such information exists.
- 41:24Speaker 2: All neoprints.
- 41:25Speaker 1: Including profile contact information, mini-feed information, status updates, links and videos, photographs, articles,
- 41:32Speaker 1: and other items, notes, wall posts, friend lists, including friends'
- 41:35Speaker 1: Instagram user identification members, groups and networks of which the
- 41:40Speaker 1: user is a member, including the group's Instagram group's identification numbers,
- 41:44Speaker 1: future and past event postings, rejected friend requests, comments, GIFs, pokes, tags,
- 41:50Speaker 1: and information about the user's access and use of Instagram applications,
- 41:55Speaker 1: including any metadata associated with those files, including date of
- 41:59Speaker 1: upload and any other metadata. any and all communications and
- 42:04Speaker 1: messages received by or sent from the screen name, usernames,
- 42:07Speaker 1: including all private messages and pending friend requests, IP logs,
- 42:11Speaker 1: including all records of the IP addresses that logged into
- 42:15Speaker 1: the accounts and all records pertaining to communications between Instagram
- 42:20Speaker 1: and any person regarding the user or the user's Instagram account,
- 42:24Speaker 1: including contacts with support services and records of actions taken.
- 42:28Speaker 1: located in or upon the following described premises to wit.
- 42:32Speaker 2: Meta-platforms.
- 42:33Speaker 1: You are therefore commanded to search the above described premises
- 42:36Speaker 1: for the property described above to seize it if found
- 42:39Speaker 1: and bring it promptly before the court above named. This
- 42:42Speaker 1: warrant shall be executed within 14 days of issuance and
- 42:46Speaker 1: is authorized for daytime or nighttime service pursuant to Idaho
- 42:49Speaker 1: Criminal Rule 41. Daytime means the hours between 6 a.m.
- 42:54Speaker 1: and 10 p.m. Pacific Standard Time and under the following
- 42:57Speaker 1: special directions. Meta shall disclose the described property and information
- 43:01Speaker 1: within 14 days of issuance, given under my hand and
- 43:04Speaker 1: dated this 24th day of July 2023 at 4.38 p.m.,
- 43:09Speaker 1: and it was signed by Judge Marshall. The next document
- 43:12Speaker 1: is the order for extension to the return search warrant.
- 43:16Speaker 1: The above matter having come before the court based upon
- 43:18Speaker 1: the motion of the state and good cause appearing, it
- 43:21Speaker 1: is hereby ordered that the time for which the above
- 43:24Speaker 1: reference search warrant shall be returned is extended to September 22nd, 2023.
- 43:29Speaker 1: So order this first day of September 2023. And this
- 43:34Speaker 1: was signed by Megan Marshall. The next document we have
- 43:37Speaker 1: is the motion for extension to return the search warrant.
- 43:41Speaker 1: The state of Idaho, by and through Ashley S. Jennings,
- 43:43Speaker 1: Latah County Senior Deputy Prosecuting Attorney, moves this court for
- 43:47Speaker 1: an order extending the time for returning the above-reference search warrant,
- 43:51Speaker 1: which was issued on July 24, 2023. The search warrant
- 43:55Speaker 1: was directed by the court to be served within 14
- 43:58Speaker 1: days of issuance during business hours. The warrant was served
- 44:01Speaker 1: by Law Enforcement Portal on July 25, 2023 by Detective Mowry.
- 44:06Speaker 1: On August 7, 2023, the court extended the time to
- 44:10Speaker 1: return the search warrant to September 4, 2023. However, as
- 44:14Speaker 1: of this date, the information has not been received. Although
- 44:17Speaker 1: the warrant was executed within a 14-day time frame directed
- 44:21Speaker 1: by IC 1944-12, the state is not able to comply
- 44:25Speaker 1: with the time frame within which to return the warrant
- 44:28Speaker 1: and provide a written inventory. Accordingly, the state requests an
- 44:31Speaker 1: extension of time for the return of the search warrant.
- 44:34Speaker 1: Respectfully submitted, this 12th day of September, 2023 and signed
- 44:38Speaker 1: by Ashley Jennings. The next document is the order for
- 44:42Speaker 1: extension to return the search warrant. The above matter having
- 44:45Speaker 1: come before the court based upon the motion of the
- 44:47Speaker 1: state and good cause appearing, it's hereby ordered that the
- 44:51Speaker 1: time for which the above reference search warrant shall be
- 44:54Speaker 1: returned is extended to September 4th, 2023. So ordered this
- 45:00Speaker 1: 7th day of August, 2023 and this was signed by
- 45:03Speaker 1: Megan Marshall. And the final document, is the motion for
- 45:06Speaker 1: extension to return the search warrant. The state of Idaho,
- 45:09Speaker 1: by and through Ashley S. Jennings, Latah County Senior Deputy
- 45:13Speaker 1: Prosecuting Attorney, moves this court for an order extending the
- 45:16Speaker 1: time for returning the above reference search warrant, which was
- 45:20Speaker 1: issued on July 24, 2023. The search warrant was directed
- 45:24Speaker 1: by the court to be served within 14 days of
- 45:27Speaker 1: issuance during business hours. The warrant was served by a
- 45:30Speaker 1: law enforcement portal on July 25, 2023 by Detective Mowry, However,
- 45:35Speaker 1: as of this date, the information has not been received.
- 45:38Speaker 1: Although the warrant was executed within the 14-day time frame
- 45:42Speaker 1: directed by IC 19-4412, the state is not able to
- 45:47Speaker 1: comply with the time frame within which to return the
- 45:50Speaker 1: warrant and provide a written inventory. Accordingly, the state requests
- 45:53Speaker 1: an extension of time for return of the search warrant.
- 45:57Speaker 1: Respectfully submitted this 7th day of August 2023 and signed
- 46:01Speaker 1: by Ashley Jennings. All right, folks, that's going to do
- 46:03Speaker 1: it for this one. All the information that goes with
- 46:06Speaker 1: this episode can be found in the description box.