Latest / Beyond The Horizon / Mega Edition: Bryan Kohberger And The Snapchat, Google And Verizon Tower Warrants (9/12/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to dive back in to those
- 0:06Speaker 1: court filings and take a look at the new Snapchat
- 0:10Speaker 1: warrant that has just hit the docket. So let's dive
- 0:15Speaker 1: right in. Case number CR29-22-2805. The order to seal and redact.
- 0:24Speaker 1: In the matter of the application for a search warrant
- 0:27Speaker 1: for Snap Incorporated. MPD case number 22-M09903. This matter came
- 0:35Speaker 1: before the court on April 28, 2023, on the state's
- 0:39Speaker 1: motion to seal or redact pursuant to I.C.A.R.32I. The hearing
- 0:45Speaker 1: was held via Zoom. Ashley Jennings appeared on behalf of
- 0:49Speaker 1: the state, Ann Taylor, Jay Lodgson, and Alyssa Massoff appeared
- 0:54Speaker 1: on behalf of Mr. Kohlberger. The court reviewed the records,
- 0:57Speaker 1: considered the arguments presented, weighed the interests in privacy and
- 1:01Speaker 1: public disclosure, and denounced its findings of fact on the record. Therefore,
- 1:06Speaker 1: pursuant to I.C.A.R.32I, 2A and E, and I.C.74-124B and D,
- 1:15Speaker 1: the court finds it necessary to seal in part and
- 1:18Speaker 1: redact the record related to the search warrant for the
- 1:21Speaker 1: following reasons. 1. The documents contain highly intimate facts or statements.
- 1:26Speaker 1: the publication of which would be highly objectionable to a
- 1:30Speaker 1: reasonable person. 2. The documents or materials contain facts or
- 1:35Speaker 1: statements that might threaten or endanger the life or safety
- 1:39Speaker 1: of individuals. 3. It is necessary to temporarily seal or
- 1:43Speaker 1: redact documents or materials to preserve the right to a
- 1:47Speaker 1: fair trial. 4. The materials would disclose investigating techniques and procedures.
- 1:53Speaker 1: After due consideration and with good cause appearing, it is
- 1:56Speaker 1: hereby ordered that the record herein shall be disclosed except
- 2:00Speaker 1: for the following. 1. The affidavit in support of search
- 2:04Speaker 1: warrant is sealed. 2. The search warrant and receipt and
- 2:08Speaker 1: inventory be redacted. 3. This order will remain in effect
- 2:13Speaker 1: until further order of the court. This was dated on
- 2:16Speaker 1: the 31st of May of 2023 and it was signed
- 2:18Speaker 1: by Judge Marshall. The next document we have is the
- 2:24Speaker 1: order temporarily sealing the search warrant and related documents. In
- 2:28Speaker 1: the matter of the application for a search warrant for
- 2:31Speaker 1: Snap Incorporated, MPD case number 22-M009903. Based upon the motion
- 2:39Speaker 1: to seal search warrant and related documents filed herein, the
- 2:43Speaker 1: court does hereby confirm and order that the affidavit for
- 2:46Speaker 1: search warrant, including any exhibits, Search warrant, return of search warrant,
- 2:51Speaker 1: including any exhibits and inventories of items seized and order
- 2:55Speaker 1: are confidential, exempt from disclosure, and are sealed pursuant to
- 3:00Speaker 1: Idaho Court Administrative Rule 32G1 for the reasons stated in
- 3:04Speaker 1: the said motion and until June 1st, 2023, or further
- 3:09Speaker 1: order of the court, whichever occurs first. This was signed
- 3:14Speaker 1: on the 18th of April, and it was signed by
- 3:17Speaker 1: Judge Marshall. The next document is the motion to temporarily
- 3:21Speaker 1: seal search warrant and related documents pending a hearing. In
- 3:25Speaker 1: the matter of the application for a search warrant for
- 3:28Speaker 1: Snap Incorporated, MPD case number 22-M009903, the state of Idaho
- 3:32Speaker 1: by and through the Latah County Prosecuting Attorney, Respectfully moves
- 3:41Speaker 1: the court, pursuant to Idaho Court Administrative Rule 32G1 and
- 3:46Speaker 1: Idaho Code 74-124, for a temporary order sealing search warrant
- 3:52Speaker 1: and related documents, including the affidavit for search warrant, including
- 3:56Speaker 1: any exhibits, search warrant, return of search warrant, including all
- 4:00Speaker 1: exhibits of the inventories of items seized, and order filed
- 4:04Speaker 1: herein because release or disclosure would, 1. Interfere with enforcement proceedings, 2.
- 4:10Speaker 1: deprive a person of a fair right to a fair trial. Three,
- 4:14Speaker 1: constitute an unwarranted invasion of personal privacy. Four, disclose the
- 4:19Speaker 1: identity of a confidential source. And or five, disclose investigative
- 4:23Speaker 1: techniques and procedures. Wherefore, the state respectfully prays that the
- 4:29Speaker 1: court temporarily seal from public disclosure the affidavit for search warrant,
- 4:34Speaker 1: search warrant, return of search warrant, including all exhibits and
- 4:38Speaker 1: order herein under the provisions of Idaho Court Administrative Rule
- 4:43Speaker 1: 32G1 and Idaho Code 74-124 pending a hearing on the matter.
- 4:50Speaker 1: Respectfully submitted this 13th day of April, 2023. And this
- 4:55Speaker 1: was signed by Ashley Jennings. The next document we have
- 4:59Speaker 1: is the order. In the matter of the application for
- 5:03Speaker 1: a search warrant for Snap Incorporated. MPD case number 22-M09903.
- 5:08Speaker 1: In the above titled matter, this court, having heretofore issued
- 5:14Speaker 1: a search warrant, and the said search warrant having been
- 5:17Speaker 1: served according to law, and the return of warrant having
- 5:20Speaker 1: been duly made as directed in said search warrant to
- 5:24Speaker 1: this court, and a written inventory of the property found
- 5:27Speaker 1: and seized having been duly made and taken before the
- 5:31Speaker 1: undersigned magistrate or judge and filed herein. Now, therefore, it
- 5:36Speaker 1: is hereby ordered that the said peace officer shall deliver
- 5:39Speaker 1: or cause to be delivered the property described in said
- 5:42Speaker 1: inventory to the Moscow Police Department or such other law
- 5:47Speaker 1: enforcement agency as may be appropriate for the purpose of
- 5:51Speaker 1: preserving said property for use as evidence or until further
- 5:54Speaker 1: order of a court of competent jurisdiction. Once any related
- 5:58Speaker 1: criminal case has been concluded including the expiration of time
- 6:02Speaker 1: for appeal or at such other appropriate time, the property
- 6:07Speaker 1: can be released or disposed of upon authorization of jurisdictional
- 6:11Speaker 1: prosecuting attorney. It is further ordered that said property or
- 6:16Speaker 1: any part thereof may be delivered to any person or
- 6:19Speaker 1: laboratory or laboratories for the purpose of conducting or obtaining
- 6:23Speaker 1: any tests, analysis, or identification of said property which is
- 6:28Speaker 1: deemed necessary by the custodial law enforcement agency or jurisdictional
- 6:33Speaker 1: prosecuting attorney without further order of this court. This was
- 6:37Speaker 1: dated on April 18th and it was signed by Judge Marshall.
- 6:43Speaker 1: The next document we have is the return of the
- 6:45Speaker 1: search warrant. In the matter of the application for a
- 6:48Speaker 1: search warrant for Snap Incorporated, MPD case number 22-M09903. I,
- 6:56Speaker 1: Detective Lawrence Mowry, the officer by whom this warrant was executed,
- 7:00Speaker 1: do certify the appended inventory contains a true and detailed
- 7:04Speaker 1: account of all property taken by me or other officers
- 7:08Speaker 1: pursuant to this warrant and that this warrant and property
- 7:12Speaker 1: have been duly returned before Judge Megan E. Marshall at
- 7:15Speaker 1: 1 o'clock p.m. this 13th day of April 2023. I
- 7:20Speaker 1: certify under penalty of perjury pursuant to the law of
- 7:24Speaker 1: the state of Idaho that the foregoing is true and correct.
- 7:28Speaker 1: This was dated on April 13th, 2023, and it was
- 7:32Speaker 1: signed by Officer Mowry. The next document we have is
- 7:36Speaker 1: the affidavit of Lawrence Mowry. I, Lawrence Mowry, being duly sworn,
- 7:41Speaker 1: do hereby state the following information is true and correct
- 7:44Speaker 1: to the best of my knowledge and belief. One. that
- 7:48Speaker 1: I am employed by Moscow Police Department in the official
- 7:51Speaker 1: position of forensic detective. Two, affidavit has been a trained
- 7:55Speaker 1: and qualified peace officer for 12 years. Three, on March 30th, 2023,
- 8:01Speaker 1: I obtained a search warrant for Snapchat. Four, the warrant
- 8:04Speaker 1: was served on April 3rd, 2023 by the law enforcement portal. Five,
- 8:09Speaker 1: on April 12th, 2023, I received an email from Snapchat
- 8:13Speaker 1: which stated the files were available to download. 6. On
- 8:18Speaker 1: April 13, 2023, I downloaded the data files containing the
- 8:23Speaker 1: requested information. 7. An inventory was prepared for all the
- 8:27Speaker 1: items received and... 8. The information received was placed into
- 8:32Speaker 1: evidence at Moscow Police Department. I certify or declare, under
- 8:37Speaker 1: penalty of perjury pursuant to the law of the state
- 8:39Speaker 1: of Idaho, that the foregoing is true and correct. Dated...
- 8:44Speaker 1: on the 13th of April and signed by Officer Mowry.
- 8:48Speaker 1: Next document is the receipt and inventory of the warrant.
- 8:53Speaker 1: In the matter of the application for a search warrant
- 8:55Speaker 1: for Snap Incorporated. On the third day of April, 2023,
- 9:00Speaker 1: at approximately 1036 a.m., Detective Lawrence Mowry served the search
- 9:06Speaker 1: warrant heretofore issued upon the place and or persons described
- 9:10Speaker 1: therein as directed in said search warrant. Entrance was obtained
- 9:15Speaker 1: by the law enforcement portal. The next section, redacted. Then
- 9:19Speaker 1: the next section, the description of property. We have Zanna
- 9:23Speaker 1: Kernodle with identifier redacted. Kaylee Gonsalves with identifier redacted. Ethan
- 9:29Speaker 1: Chapin with identifier redacted. Then we have redacted with identifier redacted.
- 9:35Speaker 1: Another one, redacted with identifier redacted. Then the next entry
- 9:40Speaker 1: is Madison Mogan with identifier redacted. The next page is
- 9:45Speaker 1: completely redacted except for the date, which is April 13th,
- 9:49Speaker 1: and the signature of Officer Mowry. The next document is
- 9:53Speaker 1: the search warrant. In the matter of the application for
- 9:55Speaker 1: a search warrant for Snap Incorporated, MPD case number 22-M09903.
- 10:03Speaker 1: Lawrence Mowry, having given me proof upon oath this day
- 10:07Speaker 1: showing probable cause, establishing grounds for issuing a search warrant
- 10:11Speaker 1: and probable cause to believe there is information regarding the
- 10:15Speaker 1: crime or crimes of homicide and burglary, occurring at 1122
- 10:19Speaker 1: King Road, Moscow, Idaho, on or about November 13th, 2022,
- 10:24Speaker 1: is on the following Snapchat accounts between June 23rd, 2022,
- 10:30Speaker 1: and August 1st, 2022. Zanna Kernodle with Identifier. Kaylee Gonsalves
- 10:36Speaker 1: with Identifier. Ethan Chapin with Identifier. Dylan Mortensen with Identifier.
- 10:42Speaker 1: Bethany Funk with Identifier. Madison Mogan with Identifier. To include
- 10:49Speaker 1: all subscriber information including email address, phone number, display name,
- 10:53Speaker 1: Snapchat creation date and IP address, timestamp and IP address
- 10:58Speaker 1: of account logins and logouts. B. All logs of previous snaps,
- 11:03Speaker 1: stories and chats. C. All location data for each Snapchat user. D.
- 11:09Speaker 1: All user content including communications or other messages sent or
- 11:13Speaker 1: received by the accounts. E. All information about connections between
- 11:19Speaker 1: the accounts and third-party websites and applications. F. All records
- 11:24Speaker 1: pertaining to communications between Snapchat and any person regarding the
- 11:28Speaker 1: user or the user's Snapchat accounts, including contacts with support services,
- 11:33Speaker 1: and all records of actions taken, including suspensions of the accounts,
- 11:38Speaker 1: which is stored at premises owned, maintained, controlled, or operated
- 11:42Speaker 1: by Snapchat. You are therefore commanded to search the above
- 11:46Speaker 1: described premises for the property described above to seize it
- 11:49Speaker 1: if found and bring it promptly before a court named above.
- 11:53Speaker 1: This warrant shall be executed within 14 days of issuance
- 11:57Speaker 1: and is authorized for daytime service only pursuant to Idaho
- 12:01Speaker 1: Criminal Rule 41. Daytime means the hours between 6 a.m.
- 12:06Speaker 1: and 10 p.m. Pacific Standard Time. And under the following directions,
- 12:11Speaker 1: SNAP Incorporated, shall disclose the described property and information within
- 12:16Speaker 1: 14 days of issuance, given under my hand and dated
- 12:19Speaker 1: this 30th day of March, 2023. And this was signed
- 12:24Speaker 1: by Judge Marshall. The next document we have is the
- 12:28Speaker 1: order for extension to return the search warrant. In the
- 12:31Speaker 1: matter of the application of the search warrant for SNAP Incorporated,
- 12:35Speaker 1: MPD case number 22-M09903, The above matter, having come before
- 12:42Speaker 1: the court based upon the motion of the state and
- 12:45Speaker 1: good cause appearing, it is hereby ordered that the time
- 12:48Speaker 1: for which the above reference search warrant shall be returned
- 12:52Speaker 1: is extended to May 4th, 2023. So ordered this 13th
- 12:57Speaker 1: day of April and signed by Judge Marshall. The next
- 13:00Speaker 1: document is the motion for extension to return the search warrant.
- 13:05Speaker 1: In the matter of the application for a search warrant
- 13:07Speaker 1: for Snap Incorporated, MPD case number 22-M09903. The state of Idaho,
- 13:15Speaker 1: by and through Ashley S. Jennings, Latah County Senior Deputy
- 13:19Speaker 1: Prosecuting Attorney, moves this court for an order extending the
- 13:23Speaker 1: time for returning the above-referenced search warrant, which was issued
- 13:27Speaker 1: on the 30th day of March, 2023. The search warrant
- 13:30Speaker 1: was directed by the court to be served within 14
- 13:33Speaker 1: days of issuance during business hours. The warrant was served
- 13:38Speaker 1: by Detective Lawrence Mowry On the third day of April 2023.
- 13:42Speaker 1: By portal. However as of this date. The information has
- 13:46Speaker 1: not been received. Although the warrant was executed. Within 14
- 13:49Speaker 1: days time frame. Directed by I.C. 1944-12. The state is
- 13:55Speaker 1: not able to comply. With the time frame. Within which
- 13:57Speaker 1: to return the warrant. And provide a written inventory. Accordingly
- 14:02Speaker 1: the state requests. An extension of time. For the return
- 14:05Speaker 1: of the search warrant. Respectfully submitted this. 8th day of
- 14:10Speaker 1: April 2023. And this was signed by Ashley Jennings. All right, folks,
- 14:15Speaker 1: that's going to do it for this one. All of
- 14:17Speaker 1: the information that goes with the episode can be found
- 14:20Speaker 1: in the description box. What's up, everyone, and welcome back
- 14:28Speaker 1: to the program. In today's episode, we're going to jump
- 14:32Speaker 1: right back into those court documents. And we're going to
- 14:35Speaker 1: take a look at a new warrant that has just
- 14:38Speaker 1: hit the docket. And all five of these new updates
- 14:42Speaker 1: are related to Brian Kohlberger. So let's dive into the
- 14:46Speaker 1: first one, which is a Google Play warrant. Case number CR29-22-2805.
- 14:51Speaker 1: In the matter of an application for a search warrant
- 14:54Speaker 1: for Google Pay. MPD case number. 22-M0-9903 and this document
- 15:06Speaker 1: is the order to seal and redact. This matter came
- 15:10Speaker 1: before the court on April 28, 2023 on the state's
- 15:14Speaker 1: motion to seal or redact pursuant to I.C.A.R.32I. The hearing
- 15:21Speaker 1: was held via Zoom. Ashley Jennings appeared on behalf of
- 15:25Speaker 1: the state. Ann Taylor, Jay Lodgson, and Alyssa Masoff appeared
- 15:30Speaker 1: on behalf of Mr. Kohlberger. The court reviewed the records,
- 15:34Speaker 1: considered the arguments presented, weighed the interests and privacy and
- 15:38Speaker 1: public disclosure, and announced its findings of fact on the record. Therefore,
- 15:44Speaker 1: pursuant to I.C.A.R.32I.2A and E, the court finds it necessary
- 15:51Speaker 1: to seal in part and redact the record related to
- 15:54Speaker 1: the search warrant for the following reasons. 1. The documents contain...
- 15:59Speaker 1: Highly intimate facts or statements. The publication of which. Would
- 16:02Speaker 1: be highly objectionable. To a reasonable person. And two. It
- 16:07Speaker 1: is necessary. To temporarily seal. Or redact the documents. Or materials.
- 16:12Speaker 1: To preserve the right. To a fair trial. After due consideration.
- 16:17Speaker 1: With good cause appearing. It is hereby ordered. That the
- 16:20Speaker 1: record herein. Shall be disclosed. Except for the following. One.
- 16:25Speaker 1: The affidavit in support of search warrant. Is sealed. Two.
- 16:28Speaker 1: The search warrant and receipt and inventory be redacted. Three,
- 16:33Speaker 1: this order will remain in effect until further order of
- 16:37Speaker 1: the court. This was signed on the 31st of May, 2023,
- 16:43Speaker 1: and it was signed by Judge Marshall. The next document
- 16:47Speaker 1: we have is the order sealing search warrant and related
- 16:51Speaker 1: documents in the matter of the application for a search
- 16:54Speaker 1: warrant for Google LLC or Google Pay. NPD case number 22-M009903.
- 17:05Speaker 1: Based upon the motion to seal search warrant and related
- 17:08Speaker 1: documents filed herein, the court does hereby confirm and order
- 17:13Speaker 1: that the affidavit for search warrant, including any exhibits, search warrant,
- 17:18Speaker 1: return of search warrant, including any exhibits and inventories of
- 17:23Speaker 1: items seized and order are confidential, exempt from disclosure, and
- 17:27Speaker 1: are sealed pursuant to Idaho Court Administrative Rule 32G1 for
- 17:33Speaker 1: the reasons stated in the said motion and until May 1, 2023,
- 17:38Speaker 1: or further order of the court, whichever occurs first. So
- 17:43Speaker 1: ordered on March 17, 2023. This was signed by Judge Marshall.
- 17:50Speaker 1: The next document we have is the motion to temporarily
- 17:53Speaker 1: seal search warrant and related documents pending a hearing. in
- 17:58Speaker 1: the matter of the application for a search warrant for
- 18:01Speaker 1: Google Pay, MPD case number 22-M009903. The state of Idaho,
- 18:10Speaker 1: by and through the Latah County prosecuting attorney, respectfully moves
- 18:14Speaker 1: the court pursuant to Idaho Court Administrative Rule 32G1 and
- 18:19Speaker 1: Idaho Code 74-124 for a temporary order sealing search warrant
- 18:25Speaker 1: and related documents including the affidavit for a search warrant,
- 18:30Speaker 1: including any exhibits, search warrant, return of search warrant, including
- 18:34Speaker 1: all exhibits of the inventories of items seized and order
- 18:38Speaker 1: filed herein because release or disclosure would, one, interfere with
- 18:43Speaker 1: enforcement proceedings, two, deprive a person of a fair right
- 18:47Speaker 1: to a trial, three, constitute an unwarranted invasion of personal privacy, four,
- 18:54Speaker 1: disclose the identity of a confidential source and or 5.
- 18:58Speaker 1: Disclose investigative techniques and procedures. Wherefore, the state respectfully prays
- 19:06Speaker 1: that the court temporarily seal from the public disclosure the
- 19:09Speaker 1: affidavit for search warrant, search warrant, return of search warrant,
- 19:14Speaker 1: including all exhibits and order herein under the provisions of
- 19:18Speaker 1: Idaho Court Administrative Rule 32G1 and Idaho Code 74-124, pending
- 19:26Speaker 1: a hearing on the matter. And this was signed by
- 19:30Speaker 1: Ashley Jennings. The next document is the return of the
- 19:35Speaker 1: search warrant. In the matter of the application for a
- 19:38Speaker 1: search warrant for, Google, MPD case number 22-M099-03. I, Brett Payne,
- 19:43Speaker 1: the officer by whom this warrant was returned, do certify
- 19:51Speaker 1: the appended inventory contains a true and detailed account of
- 19:55Speaker 1: all property taken by me or other officers pursuant to
- 19:59Speaker 1: this warrant and that this warrant and property have been
- 20:03Speaker 1: duly returned before the court at 10 o'clock a.m. this
- 20:07Speaker 1: 14th day of March. I certify under penalty of perjury
- 20:11Speaker 1: pursuant to the law of the state of Idaho that
- 20:14Speaker 1: the foregoing is true and correct. This was dated on
- 20:18Speaker 1: March 14th of 2023 and it was signed by Brett Payne.
- 20:23Speaker 1: The next document we have is the affidavit of Brett Payne. I,
- 20:28Speaker 1: Brett Payne, being duly sworn, do hereby state the following
- 20:32Speaker 1: information is true and correct to the best of my
- 20:35Speaker 1: knowledge and belief. 1. that I am employed by the
- 20:39Speaker 1: Moscow Police Department in the official position of detective. 2.
- 20:45Speaker 1: Affidavit has been a trained and qualified peace officer for
- 20:48Speaker 1: four years. 3. On February 24, 2023, Detective Lawrence Mowry
- 20:54Speaker 1: obtained a search warrant for Google accounts. 4. The warrant
- 20:59Speaker 1: was served by Detective Mowry on February 25, 2023, via Google,
- 21:02Speaker 1: the law enforcement portal. 5. On March 9th, 2023, Brett
- 21:10Speaker 1: Payne downloaded the data and inventory was prepared for all
- 21:14Speaker 1: the items received. Six, a copy of the inventory receipt
- 21:19Speaker 1: was emailed to redacted and redacted and seven, the information
- 21:24Speaker 1: received was placed into evidence at Moscow Police Department and
- 21:28Speaker 1: this was signed by Brett Payne and this was signed
- 21:31Speaker 1: on March 14th of 2023. The next document is the
- 21:33Speaker 1: receipt and inventory of the warrant. In the matter of
- 21:40Speaker 1: the application for a search warrant for, Google records for, redacted, redacted,
- 21:46Speaker 1: and redacted. On the 24th day of February, 2023, at
- 21:52Speaker 1: approximately 9 a.m., the following peace officer, Detective Lawrence Mowry,
- 21:57Speaker 1: served the search warrant heretofore issued upon the place and
- 22:01Speaker 1: or person described therein as directed in said search warrant.
- 22:06Speaker 1: Entrance was obtained by digital service to LERS at google.com.
- 22:12Speaker 1: The person found in the place were not applicable. The
- 22:15Speaker 1: property found and taken and the location within or upon
- 22:20Speaker 1: said place and or person are as follows. Description of property.
- 22:25Speaker 1: Zip files of all digital records for the Google accounts
- 22:29Speaker 1: of redacted and redacted. Location or person downloaded from the
- 22:34Speaker 1: law enforcement portal. The next page. The receipt and inventory
- 22:38Speaker 1: was made in the presence of not applicable. A copy
- 22:42Speaker 1: hereof was given to the following name person on the
- 22:46Speaker 1: 14th day of March 2023. The Google Law Enforcement Portal.
- 22:51Speaker 1: A copy hereof was left on this date in a
- 22:54Speaker 1: conspicuous place in the place searched there being no person
- 22:58Speaker 1: present during said search. Not applicable. This was dated March
- 23:03Speaker 1: 24th of 2023 and was signed by Brett Payne. The
- 23:08Speaker 1: next document we have is the order. In the matter
- 23:11Speaker 1: of the application for a search warrant for Google, LLC,
- 23:15Speaker 1: or Google Pay, NPD case number 22-M09903. In the above
- 23:23Speaker 1: titled matter, this court, having heretofore issued a search warrant
- 23:27Speaker 1: and the said search warrant having been served according to
- 23:30Speaker 1: law and the return of warrant having been duly made
- 23:33Speaker 1: as directed in said search warrant to this court and
- 23:37Speaker 1: a written inventory, of the property found, and seized, having
- 23:40Speaker 1: been duly made, and taken before, the undersigned magistrate, or judge,
- 23:45Speaker 1: and filed, herein. Now, therefore, it is hereby ordered, that
- 23:50Speaker 1: the said peace officer, shall deliver, or cause to be delivered,
- 23:54Speaker 1: the property described in said inventory, to the Moscow Police Department,
- 23:58Speaker 1: or such other law enforcement agency, as may be appropriate,
- 24:02Speaker 1: for the purpose of preserving said property for use as
- 24:06Speaker 1: evidence or until further order of a court of competent jurisdiction.
- 24:11Speaker 1: Once any related criminal case has been concluded, including the
- 24:15Speaker 1: expiration of time for appeal or at such other appropriate time,
- 24:19Speaker 1: the property can be released or disposed of upon authorization
- 24:24Speaker 1: of the jurisdictional prosecuting attorney. It is further ordered that
- 24:28Speaker 1: said property or any part thereof may be delivered to
- 24:32Speaker 1: any person or laboratory or laboratories for the purpose of
- 24:36Speaker 1: conducting or obtaining any tests, analysis, or identification of said property,
- 24:43Speaker 1: which is deemed necessary by the custodial law enforcement agency
- 24:47Speaker 1: or jurisdictional prosecuting attorney without further order of this court.
- 24:52Speaker 1: This was dated on March 17th of 2023 and signed
- 24:57Speaker 1: by Judge Marshall. From The next document we have is
- 25:01Speaker 1: the search warrant itself. In the matter of the application
- 25:05Speaker 1: for a search warrant for Google LLC and or Google Pay,
- 25:10Speaker 1: MPD case number 22-M09903, any peace officer authorized to enforce
- 25:19Speaker 1: or assist in enforcing any law of the state of Idaho,
- 25:23Speaker 1: Lawrence Mowry having given me proof upon oath this day
- 25:27Speaker 1: showing probable cause, establishing grounds for issuing a search warrant,
- 25:31Speaker 1: and there is probable cause to believe that the property
- 25:35Speaker 1: referred to and sought in or upon said premises consists
- 25:39Speaker 1: of information related to the investigations into the crimes of
- 25:43Speaker 1: homicide at 1122 King Road, Moscow, Idaho, on the Google
- 25:49Speaker 1: account of Brian Kohlberger for all Gmail accounts linked by
- 25:53Speaker 1: recovery email, cookie, Android ID, creation IP, or phone number
- 25:59Speaker 1: associated with any of the following identifiers. Redacted, redacted, redacted, redacted, redacted,
- 26:08Speaker 1: and the last entry is IMEI. Between January 1st, 2021,
- 26:15Speaker 1: and December 30th, 2022, including Google Pay account subscriber information
- 26:21Speaker 1: as defined in 18 U.S.C. 2703, Section 2. Google account
- 26:29Speaker 1: recent activity logs and connected devices. Google email messages, Gmail,
- 26:35Speaker 1: including drafts and those in the trash. Google Pay account
- 26:39Speaker 1: information and transactions. Calendar, calendar events. Contacts, people, contact files. Photos, photos,
- 26:47Speaker 1: videos and albums and associated metadata. Drive, documents, spreadsheets, presentations
- 26:54Speaker 1: and files. and associated metadata. Keep titles and the notes.
- 27:00Speaker 1: Hangouts and chats. Messages, including attachments, such as photos, location history,
- 27:07Speaker 1: location data, and deletion records. My activity searches and browsing history,
- 27:13Speaker 1: including activity from web and app. Google Assistant and Google Home.
- 27:19Speaker 1: Google Voice. Google Voice information, including Google Voice basic subscriber information,
- 27:25Speaker 1: Call logs, forwarding number, text messages, and voicemails. YouTube registration email,
- 27:31Speaker 1: channel ID, display name, IP logs, and account registration information. Android.
- 27:38Speaker 1: Records for Android devices to include subscriber information, other associated accounts,
- 27:44Speaker 1: cellular carrier information, and device hardware information. Google Play. Google
- 27:50Speaker 1: Play purchases made and Google Play applications downloaded. located at
- 27:55Speaker 1: the following premises, Google, and operates the publicly accessible website, google.com.
- 28:03Speaker 1: You are therefore commanded to search the above described premises
- 28:07Speaker 1: for the property described above to seize it if found
- 28:11Speaker 1: and bring it promptly before the court above named. This
- 28:14Speaker 1: warrant shall be executed within 14 days of issuance. and
- 28:18Speaker 1: is authorized for daytime or nighttime service pursuant to Idaho
- 28:23Speaker 1: Criminal Rule 41, daytime means the hours between 6 a.m.
- 28:28Speaker 1: and 10 p.m. Pacific Standard Time, and under the following
- 28:32Speaker 1: special instructions. The search warrant issued for a law enforcement purpose,
- 28:37Speaker 1: Google is ordered not to disclose the existence or contents
- 28:41Speaker 1: of the search warrant or the information furnished in response
- 28:45Speaker 1: to the search warrant for a period of 90 days
- 28:49Speaker 1: or until further order of the court. Google shall disclose
- 28:53Speaker 1: the described property and information within 14 days of issuance.
- 28:58Speaker 1: Given under my hand and dated this 24th day of
- 29:02Speaker 1: February 2023, and this was signed by Judge Marshall. The
- 29:07Speaker 1: next document we have is the order for extension to
- 29:10Speaker 1: return the search warrant. In the matter of the application
- 29:13Speaker 1: for a search warrant for Google Pay. MPD case number 22-M09903.
- 29:20Speaker 1: The above matter having come before the court based upon
- 29:25Speaker 1: the motion of the state and good cause appearing, it
- 29:28Speaker 1: is hereby ordered that the time for which the above
- 29:31Speaker 1: reference search warrant shall be returned is extended to April 6th, 2023.
- 29:37Speaker 1: So ordered this 10th day of March, 2023. And this
- 29:42Speaker 1: was signed by Judge Marshall. The next document we have
- 29:46Speaker 1: is the motion for extension to return search warrant. In
- 29:50Speaker 1: the matter of the application for a search warrant for
- 29:53Speaker 1: Google Pay, MPD case number 22-M0903. The state of Idaho,
- 30:02Speaker 1: by and through Ashley S. Jennings, Latah County Senior Deputy
- 30:06Speaker 1: Prosecuting Attorney, moves this court for an order extending the
- 30:10Speaker 1: time for returning the above-referenced search warrant, which was issued
- 30:14Speaker 1: on the 24th day of February, 2023. The search warrant
- 30:18Speaker 1: was directed by the court to be served within 14
- 30:22Speaker 1: days of issuance during business hours. The warrant was served
- 30:26Speaker 1: by Detective Lawrence Mowry on February 25th, 2023. through the
- 30:31Speaker 1: Google Law Enforcement Portal. As of February 27, 2023, Forensic
- 30:37Speaker 1: Detective Mowry is out of state, attending a forensic training
- 30:41Speaker 1: for approximately three weeks. Detective Mowry is unable to download
- 30:46Speaker 1: any return until his return to the Moscow Police Department
- 30:50Speaker 1: Forensic Lab. Therefore, as of this date, the information provided
- 30:54Speaker 1: by Google has not been downloaded. Although the warrant was
- 30:58Speaker 1: executed within 14 days, of timeframe directed by I.C. 19-4412,
- 31:04Speaker 1: the state is not able to comply with the timeframe
- 31:09Speaker 1: within which to return the warrant and provide a written inventory. Accordingly,
- 31:14Speaker 1: the state requests an extension of time for the return
- 31:18Speaker 1: of the search warrant. Respectfully submitted this 9th day of
- 31:21Speaker 1: March 2023. And this was signed by Ashley Jennings. All right, folks,
- 31:28Speaker 1: that's going to do it for this one. All of
- 31:30Speaker 1: the information that goes with the episode can be found
- 31:33Speaker 1: in the description. What's up everyone and welcome back to
- 31:36Speaker 1: the program. Today we're going to jump right back into
- 31:39Speaker 1: the court documents. And this time we're going to be
- 31:42Speaker 1: looking at the Verizon cell phone tower warrant. So let's
- 31:47Speaker 1: get cracking. Case number CR29-22-2805. Order to seal and redact
- 31:55Speaker 1: in the matter of the application for a search warrant
- 31:57Speaker 1: for Verizon Wireless. MPD case number 22-M0-9903. This matter came
- 32:07Speaker 1: before the court on February 10th, 2023 on the court's
- 32:11Speaker 1: motion to seal or redact pursuant to I.C.A.R.32I. The hearing
- 32:17Speaker 1: was held via Zoom. William W. Thompson Jr. and Ashley
- 32:22Speaker 1: Jennings appeared on behalf of the state. Ann Taylor appeared
- 32:26Speaker 1: on behalf of Mr. Koberger. The court reviewed the records
- 32:29Speaker 1: considered the arguments presented, weighed the interest in privacy and
- 32:33Speaker 1: public disclosure, and denounced its findings of fact on the record. Therefore,
- 32:39Speaker 1: pursuant to I.C.A.R.32I2A and I.C.74-124-1 and E, the court finds
- 32:48Speaker 1: it necessary to seal, impart, and redact the record related
- 32:52Speaker 1: to the search warrant for the following reasons. 1. The
- 32:56Speaker 1: documents contain highly intimate facts or statements. the publication of
- 33:00Speaker 1: which would be highly objectionable to a reasonable person, and 2.
- 33:04Speaker 1: Production of such records would disclose investigative techniques and procedures.
- 33:10Speaker 1: After due consideration and good cause appearing, it is hereby
- 33:13Speaker 1: ordered that the record herein shall be disclosed except for
- 33:17Speaker 1: the following. 1. The affidavit in support of search warrant
- 33:21Speaker 1: is sealed. 2. The search warrant and receipt and inventory
- 33:25Speaker 1: be redacted. 3. This order will remain in effect, until
- 33:29Speaker 1: further order of the court. This was signed on the
- 33:33Speaker 1: 7th of March of 2023, and it was signed by
- 33:36Speaker 1: Judge Marshall. The next document we have is the order
- 33:40Speaker 1: sealing search warrant and related documents. In the matter of
- 33:44Speaker 1: the application for a search warrant for Verizon Wireless, NPD
- 33:48Speaker 1: case number 22-M099-03. Based upon the motion to seal search
- 33:55Speaker 1: warrant and related documents filed herein, The court does hereby
- 33:59Speaker 1: confirm and order that the affidavit for search warrant, including
- 34:03Speaker 1: any exhibits, search warrant, return of search warrant, including the
- 34:07Speaker 1: inventory of items seized, and order are confidential, exempt from disclosure,
- 34:12Speaker 1: and are sealed pursuant to Idaho Court Administrative Rule 32G1
- 34:17Speaker 1: for the reasons stated in the said motion and until
- 34:20Speaker 1: February 28, 2023, or further order of the court, whichever
- 34:25Speaker 1: occurs first. This was dated on December 1st and it
- 34:30Speaker 1: was signed by Judge Megan Marshall. The next document is
- 34:34Speaker 1: the motion to seal search warrant and related documents. In
- 34:38Speaker 1: the matter of the application for a search warrant for
- 34:41Speaker 1: Verizon Wireless, MPD case number 22-M09903, the state of Idaho.
- 34:49Speaker 1: by and through the Latah County Prosecuting Attorney, respectfully moves
- 34:53Speaker 1: the court, pursuant to Idaho Court Administrative Rule 32G1 and
- 34:58Speaker 1: Idaho Code 74-124, for an order sealing search warrant and
- 35:03Speaker 1: related documents, including the affidavit for search warrant, including any exhibits,
- 35:09Speaker 1: search warrant, return of search warrant, including the inventory of
- 35:12Speaker 1: items seized, and order filed herein, because release or disclosure would, 1.
- 35:18Speaker 1: interfere with enforcement proceedings. Two, constitute an unwarranted invasion of
- 35:24Speaker 1: personal privacy. Three, disclose the identity of a confidential source.
- 35:29Speaker 1: And four, disclose investigative techniques and procedures. And the state
- 35:34Speaker 1: seeks this protection for a minimum of 90 days or
- 35:37Speaker 1: until such time as the investigation is concluded and or
- 35:41Speaker 1: charges are filed. Wherefore, the state respectfully prays that the
- 35:46Speaker 1: court seal from public disclosure be The Affidavit for Search Warrant,
- 35:50Speaker 1: Search Warrant, Return of Search Warrant, and Order Herein Under
- 35:54Speaker 1: the Provisions of Idaho Court Administrative Rule 32G1 and Idaho
- 35:59Speaker 1: Code 74-124. Respectfully submitted this 30th day of November of 2022.
- 36:07Speaker 1: And this was signed by Ashley Jennings. The next document
- 36:11Speaker 1: we have is the Return of Search Warrant. In the
- 36:14Speaker 1: matter of the application for a search warrant for Verizon Wireless.
- 36:18Speaker 1: MPD case number 22-M09903. I, Lawrence Mowry, the officer by
- 36:25Speaker 1: whom this warrant was executed, do certify the appended inventory
- 36:30Speaker 1: contains a true and detailed account of all property taken
- 36:34Speaker 1: by me or other officers pursuant to this warrant, and
- 36:37Speaker 1: that this warrant and property have been duly returned before
- 36:41Speaker 1: Judge Megan E. Marshall at 9 o'clock a.m. this 30th
- 36:45Speaker 1: day of November 2022. I certify, under penalty of perjury,
- 36:50Speaker 1: pursuant to the law, the state of Idaho, that the
- 36:53Speaker 1: foregoing is true and correct. This was dated on the
- 36:56Speaker 1: 30th of November of 2022, and it was signed by
- 37:01Speaker 1: Detective Mowry. The next document is the affidavit of Lawrence Mowry. I,
- 37:07Speaker 1: Lawrence Mowry, being duly sworn, do hereby state the following
- 37:11Speaker 1: information is true and correct to the best of my
- 37:14Speaker 1: knowledge and belief. 1. That I am employed by Moscow
- 37:18Speaker 1: Police Department in the official position of forensic detective. 2.
- 37:23Speaker 1: Affidavit has been a trained and qualified peace officer for
- 37:26Speaker 1: 12 years. 3. On 11-16-22, I obtained a search warrant
- 37:32Speaker 1: for Verizon Wireless Cell Tower. 4. The warrant was served
- 37:36Speaker 1: on 11-17-22 by email. 5. On 11-17-22, I received an
- 37:37Speaker 1: email from Verizon which contained the requested information. and inventory
- 37:48Speaker 1: was prepared for all the items received. And seven, the
- 37:52Speaker 1: information received was placed into evidence at the Moscow Police Department.
- 37:57Speaker 1: This was signed by Lawrence Mowry and it was dated
- 38:01Speaker 1: on the 30th of November. The next document is the
- 38:05Speaker 1: receipt and inventory of warrant in the matter of the
- 38:09Speaker 1: application for a search warrant for Verizon Wireless. On the
- 38:13Speaker 1: 17th day of November, 2022, At approximately 9.35 a.m., the
- 38:18Speaker 1: following peace officer, Detective Lawrence Mowry, served the search warrant
- 38:23Speaker 1: heretofore issued upon the place and or person described therein
- 38:28Speaker 1: as directed in said search warrant. Entrance was obtained by
- 38:31Speaker 1: fax 888-636-0026. The next section here is redacted. Then we
- 38:40Speaker 1: go to the description of property and it has GPS coordinates.
- 38:44Speaker 1: The next section says, Blank and redacted. And then that
- 38:48Speaker 1: leaves us with the signature of Officer Mowry and the date,
- 38:51Speaker 1: which is November 30th of 2022. The next document is
- 38:57Speaker 1: the order. In the matter of the application for a
- 39:00Speaker 1: search warrant for Verizon Wireless. NPD case number 22-M09903. In
- 39:07Speaker 1: the above titled matter, this court, having heretofore issued a
- 39:11Speaker 1: search warrant, and the said search warrant, having been served
- 39:14Speaker 1: according to law, and the return of warrant, having been
- 39:17Speaker 1: duly made as directed in said search warrant to this court,
- 39:21Speaker 1: and a written inventory of the property, found and seized,
- 39:24Speaker 1: having been duly made, and taken before the undersigned magistrate
- 39:28Speaker 1: or judge, and five herein now therefore it is hereby
- 39:33Speaker 1: ordered that the said peace officer shall deliver or cause
- 39:36Speaker 1: to be delivered the property described in said inventory to
- 39:40Speaker 1: the moscow police department or such other law enforcement agency
- 39:44Speaker 1: as may be appropriate For the purpose of preserving said property.
- 39:48Speaker 1: For use as evidence. Or until further order. Of a
- 39:51Speaker 1: court of competent jurisdiction. Once any related criminal case. Has
- 39:56Speaker 1: been concluded. Including the expiration of time. For appeal. Or
- 40:00Speaker 1: at such other appropriate time. The property can be released
- 40:04Speaker 1: or disposed of. Upon authorization. Of the jurisdictional prosecuting attorney.
- 40:09Speaker 1: It is further ordered. That said property. Or any part thereof.
- 40:13Speaker 1: May be delivered to any person. or laboratory or laboratories
- 40:17Speaker 1: for the purpose of conducting or obtaining any tests, analysis,
- 40:22Speaker 1: or identification of said property, which is deemed necessary by
- 40:26Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
- 40:31Speaker 1: further order of this court. This was signed on December
- 40:35Speaker 1: 1st of 2022, and Judge Marshall is the one who
- 40:39Speaker 1: signed the document. Next document is the search warrant. In
- 40:43Speaker 1: the matter of the application for a search warrant for
- 40:46Speaker 1: Verizon Wireless, NPD case number 22-M099-03. To any peace officer
- 40:54Speaker 1: authorized to enforce or assist in enforcing any law of
- 40:58Speaker 1: the state of Idaho. Detective Lawrence Mowry, having given me
- 41:01Speaker 1: proof upon oath this day showing probable cause, establishing grounds
- 41:06Speaker 1: for issuing a search warrant and probable cause that the
- 41:09Speaker 1: property referred to and sought in or upon said premises,
- 41:13Speaker 1: consists of records and information associated with certain cellular towers,
- 41:18Speaker 1: cell towers, and records generated by the cellular network are
- 41:22Speaker 1: in the possession, custody, and or control of Verizon Wireless. Hereafter,
- 41:27Speaker 1: the service provider, a cellular service provider, this data is
- 41:32Speaker 1: in possession of the service provider and that the data
- 41:35Speaker 1: may contain evidence of homicide between November 13th, 2022 and
- 41:40Speaker 1: From 3 a.m. to 5 a.m. Pacific Standard Time, including
- 41:45Speaker 1: the following. A. Search of all records and unique device
- 41:49Speaker 1: user identifiers pertaining to timing advance, real-time tool, location database
- 41:54Speaker 1: of record, location information during the following listed dates, times,
- 41:59Speaker 1: and geographical boundaries. Distance from GPS points. GPS coordinates. Date,
- 42:05Speaker 1: November 13, 2022. Distance from location. Half a mile. time
- 42:11Speaker 1: 3 a.m. to 5 a.m. Pacific Standard Time. B. For
- 42:15Speaker 1: each search area described above, the service provider is required
- 42:19Speaker 1: to disclose all records and other information, not including the
- 42:23Speaker 1: contents of communications, about all communications made and all cellular
- 42:27Speaker 1: device interactions with the network that have generated location information
- 42:32Speaker 1: that falls within the defined search area during the corresponding
- 42:36Speaker 1: time frames listed above, including the records that identify and 1.
- 42:41Speaker 1: The unique identifiers, each wireless device that generated a timing
- 42:46Speaker 1: advance RTT and or LOC DBOR record within the search
- 42:51Speaker 1: area for each location, including electronic serial numbers, mobile electronic
- 42:57Speaker 1: identity numbers, mobile identification numbers, subscriber identity modules, mobile subscriber
- 43:03Speaker 1: integrated services digital network numbers, international mobile subscriber identifiers. international
- 43:10Speaker 1: mobile equipment identities, and the make and model of the device. 2.
- 43:15Speaker 1: The starting and ending date time of the connection along
- 43:19Speaker 1: with the duration. 3. For each communication with the network,
- 43:23Speaker 1: the tower, and the sector, i.e. the face or faces
- 43:27Speaker 1: of the towers that received a radio signal from the
- 43:30Speaker 1: locally served wireless device for both starting and ending points
- 43:34Speaker 1: of the communication. 4. The service type for the communication. 5.
- 43:40Speaker 1: The estimated latitude and longitude, along with the confidence level
- 43:43Speaker 1: and the distance from the tower for both the starting
- 43:46Speaker 1: and ending points of the communication contained within the timing advance, RTT,
- 43:52Speaker 1: and or LOCDBOR records. C. These records should include records
- 43:58Speaker 1: about communications and cellular device interactions with the network that
- 44:03Speaker 1: were initiated before or terminated after the time frame identified
- 44:08Speaker 1: in above if some part of the communication occurred during
- 44:12Speaker 1: the relevant time frame listed above. The above described evidence
- 44:17Speaker 1: is located within the following described premises. Verizon Wireless. You
- 44:23Speaker 1: are therefore commanded to search the above described premises for
- 44:27Speaker 1: the property described above to seize it if found and
- 44:30Speaker 1: bring it promptly before the court above named. This warrant
- 44:34Speaker 1: shall be executed within seven days of issuance and is
- 44:37Speaker 1: authorized for daytime and nighttime service. Pursuant to Idaho Criminal
- 44:41Speaker 1: Rule 41, daytime means the hours between 6 a.m. and
- 44:46Speaker 1: 10 p.m. Pacific Standard Time and under the following special directions.
- 44:51Speaker 1: This search warrant is issued for a law enforcement purpose.
- 44:54Speaker 1: Verizon is ordered not to disclose the existence or contents
- 44:58Speaker 1: of this search warrant for the information furnished in response
- 45:02Speaker 1: to the search warrant for a period of 90 days
- 45:05Speaker 1: or until further order of the court. Verizon shall disclose
- 45:09Speaker 1: the described property and information within 14 days of issuance.
- 45:14Speaker 1: Given under my hand and dated the 16th day of
- 45:17Speaker 1: November 2022 at 9.30 p.m. And this order was also
- 45:22Speaker 1: signed by Judge Megan Marshall. All right, folks, that's going
- 45:26Speaker 1: to do it for this one. All of the information
- 45:28Speaker 1: that goes with the episode can be found in the
- 45:31Speaker 1: description box.