Latest / Beyond The Horizon / Mega Edition: The Google, Apple And WSU Lab Warrants In Moscow (9/7/26)

Transcript

Mega Edition: The Google, Apple And WSU Lab Warrants In Moscow (9/7/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. In
• 0:05
  Speaker 1: today's episode, we're gonna jump right back into those court
• 0:08
  Speaker 1: documents and we're going to take a look at a
• 0:11
  Speaker 1: new warrant that has just hit the docket. And all
• 0:15
  Speaker 1: five of these new updates are related to Brian Kohlberger.
• 0:19
  Speaker 1: So let's dive into the first one, which is a
• 0:23
  Speaker 1: Google Play warrant. Case number CR29-22-2805. In the matter of
• 0:30
  Speaker 1: an application for a search warrant for Google Pay, MPD
• 0:35
  Speaker 1: case number 22-M0-9903, and this document is the order to
• 0:42
  Speaker 1: seal and redact. This matter came before the court on
• 0:46
  Speaker 1: April 28, 2023, on the state's motion to seal or
• 0:51
  Speaker 1: redact pursuant to I.C.A.R.32I. The hearing was held via Zoom.
• 0:58
  Speaker 1: Ashley Jennings appeared. On behalf of the state, Ann Taylor,
• 1:02
  Speaker 1: Jay Lodgson, and Alyssa Masoff appeared on behalf of Mr. Kohlberger.
• 1:07
  Speaker 1: The court reviewed the records, considered the arguments presented, weighed
• 1:11
  Speaker 1: the interests in privacy and public disclosure, and announced its
• 1:15
  Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32I2A
• 1:22
  Speaker 1: and E, the court finds it necessary to seal in
• 1:26
  Speaker 1: part and redact the record related to the search warrant
• 1:29
  Speaker 1: for the following reasons. 1. The documents contain highly intimate
• 1:34
  Speaker 1: facts or statements, the publication of which would be highly
• 1:38
  Speaker 1: objectionable to a reasonable person. And 2. It is necessary
• 1:42
  Speaker 1: to temporarily seal or redact the documents or materials to
• 1:47
  Speaker 1: preserve the right to a fair trial. After due consideration,
• 1:51
  Speaker 1: with good cause appearing, it is hereby ordered that That
• 1:54
  Speaker 1: the record herein shall be disclosed except for the following. 1.
• 1:59
  Speaker 1: The affidavit in support of search warrant is sealed. 2.
• 2:03
  Speaker 1: The search warrant and receipt and inventory be redacted. 3.
• 2:08
  Speaker 1: This order will remain in effect until further order of
• 2:12
  Speaker 1: the court. This was signed on the 31st of May
• 2:18
  Speaker 1: 2023 and it was signed by Judge Marshall. The next
• 2:21
  Speaker 1: document we have is the order sealing search warrant and
• 2:25
  Speaker 1: related documents in the matter of the application for a
• 2:29
  Speaker 1: search warrant for Google LLC or Google Pay, MPD case
• 2:34
  Speaker 1: number 22-M009903. Based upon the motion to seal search warrant
• 2:42
  Speaker 1: and related documents filed herein, the court does hereby confirm
• 2:47
  Speaker 1: and order that the affidavit for search warrant, including any exhibits,
• 2:52
  Speaker 1: Search warrant, return of search warrant, including any exhibits and
• 2:56
  Speaker 1: inventories of items seized and order are confidential, exempt from disclosure,
• 3:02
  Speaker 1: and are sealed pursuant to Idaho Court Administrative Rule 32G1
• 3:07
  Speaker 1: for the reasons stated in the said motion and until
• 3:11
  Speaker 1: May 1, 2023, or further order of the court, whichever
• 3:16
  Speaker 1: occurs first. So ordered on March 17, 2023. This was
• 3:22
  Speaker 1: signed by Judge Marshall. The next document we have is
• 3:26
  Speaker 1: the motion to temporarily seal search warrant and related documents
• 3:31
  Speaker 1: pending a hearing. In the matter of the application for
• 3:34
  Speaker 1: a search warrant for Google Pay, MPD case number 22-M009903.
• 3:42
  Speaker 1: The state of Idaho, by and through the Latah County
• 3:46
  Speaker 1: prosecuting attorney, respectfully moves the court pursuant to Idaho court
• 3:51
  Speaker 1: Administrative Rule 32G1 and Idaho Code 74-124 for a temporary
• 3:59
  Speaker 1: order sealing search warrant and related documents, including the affidavit
• 4:03
  Speaker 1: for a search warrant, including any exhibits, search warrant, return
• 4:08
  Speaker 1: of search warrant, including all exhibits of the inventories of
• 4:11
  Speaker 1: items seized and order filed herein because release or disclosure would, one,
• 4:17
  Speaker 1: interfere with enforcement proceedings, two, deprive a person of a
• 4:22
  Speaker 1: fair right to a trial. Three, constitute an unwarranted invasion
• 4:27
  Speaker 1: of personal privacy. Four, disclose the identity of a confidential
• 4:31
  Speaker 1: source and or. Five, disclose investigative techniques and procedures. Wherefore,
• 4:39
  Speaker 1: the state respectfully prays that the court temporarily seal from
• 4:43
  Speaker 1: the public disclosure the affidavit for search warrant, search warrant,
• 4:47
  Speaker 1: return of search warrant, including all exhibits, and order herein
• 4:51
  Speaker 1: under the provisions of Idaho Court Administrative Rule 32G1 and
• 4:57
  Speaker 1: Idaho Code 74-124, pending a hearing on the matter. And
• 5:03
  Speaker 1: this was signed by Ashley Jennings. The next document is
• 5:08
  Speaker 1: the return of the search warrant. In the matter of
• 5:12
  Speaker 1: the application for a search warrant for Google MPD case
• 5:17
  Speaker 1: number 22-M09903. I, Brett Payne, the officer by whom this
• 5:24
  Speaker 1: warrant was returned, do certify the appended inventory contains a
• 5:28
  Speaker 1: true and detailed account of all property taken by me
• 5:32
  Speaker 1: or other officers pursuant to this warrant and that this
• 5:36
  Speaker 1: warrant and property have been duly returned before the court
• 5:40
  Speaker 1: at 10 o'clock a.m. this 14th day of March. I
• 5:44
  Speaker 1: certify under penalty of perjury pursuant to the law of
• 5:47
  Speaker 1: the state of Idaho, that the foregoing is true and correct.
• 5:51
  Speaker 1: This was dated on March 14th of 2023, and it
• 5:55
  Speaker 1: was signed by Brett Payne. The next document we have
• 6:00
  Speaker 1: is the affidavit of Brett Payne. I, Brett Payne, being
• 6:04
  Speaker 1: duly sworn, do hereby state the following information is true
• 6:08
  Speaker 1: and correct to the best of my knowledge and belief. One,
• 6:13
  Speaker 1: that I am employed by the Moscow Police Department in
• 6:16
  Speaker 1: the official position of detective. Two, affidavit has been a
• 6:21
  Speaker 1: trained and qualified peace officer for four years. Three, on
• 6:25
  Speaker 1: February 24th, 2023, Detective Lawrence Mowry obtained a search warrant
• 6:31
  Speaker 1: for Google accounts. Four, the warrant was served by Detective
• 6:35
  Speaker 1: Mowry on February 25th, 2023, via Google, the law enforcement portal. Five,
• 6:42
  Speaker 1: on March 9th, 2023, Brett Payne downloaded the data and
• 6:47
  Speaker 1: inventory was prepared for all the items received. Six, a
• 6:52
  Speaker 1: copy of the inventory receipt was emailed to redacted and redacted.
• 6:57
  Speaker 1: And seven, the information received was placed into evidence at
• 7:01
  Speaker 1: Moscow Police Department. And this was signed by Brett Payne.
• 7:05
  Speaker 1: And this was signed on March 14th of 2023. The
• 7:10
  Speaker 1: next document is the receipt and inventory of the warrant.
• 7:15
  Speaker 1: In the matter of the application for a search warrant
• 7:17
  Speaker 1: for Google Records for redacted, redacted, and redacted. On the
• 7:24
  Speaker 1: 24th day of February, 2023, at approximately 9 a.m., the
• 7:29
  Speaker 1: following peace officer, Detective Lawrence Mowry, served the search warrant
• 7:33
  Speaker 1: heretofore issued upon the place and or person described therein
• 7:38
  Speaker 1: as directed in said search warrant. Entrance was obtained by
• 7:42
  Speaker 1: digital service to LERS, At google.com. The person found in
• 7:48
  Speaker 1: the place were. Not applicable. The property found and taken.
• 7:52
  Speaker 1: And the location within or upon. Said place and or person.
• 7:56
  Speaker 1: Are as follows. Description of property. Zip files of all
• 8:01
  Speaker 1: digital records. For the google accounts of. Redacted and redacted.
• 8:06
  Speaker 1: Location or person. Downloaded from the law enforcement portal. The
• 8:11
  Speaker 1: next page. The receipt and inventory was made. In the
• 8:14
  Speaker 1: presence of. Not applicable. A copy hereof was given to
• 8:18
  Speaker 1: the following name person on the 14th day of March 2023.
• 8:23
  Speaker 1: The Google Law Enforcement Portal. A copy hereof was left
• 8:28
  Speaker 1: on this date in a conspicuous place in the place
• 8:31
  Speaker 1: searched there being no person present during said search. Not applicable.
• 8:36
  Speaker 1: This was dated March 24th of 2023 and was signed
• 8:41
  Speaker 1: by Brett Payne. The next document we have is the
• 8:45
  Speaker 1: order in the matter of the application for a search
• 8:48
  Speaker 1: warrant for google llc or google pay mpd case number
• 8:53
  Speaker 1: 22-m09903 in the above titled matter this court having heretofore
• 9:00
  Speaker 1: issued a search warrant and the said search warrant having
• 9:03
  Speaker 1: been served according to law and the return of warrant
• 9:07
  Speaker 1: having been duly made as directed in said search warrant
• 9:10
  Speaker 1: to this court and a written inventory of the property found,
• 9:14
  Speaker 1: and seized, having been duly made, and taken before, the
• 9:18
  Speaker 1: undersigned magistrate, or judge, and filed, herein. Now, therefore, it
• 9:23
  Speaker 1: is hereby ordered, that the said peace officer, shall deliver,
• 9:27
  Speaker 1: or cause to be delivered, the property described in said inventory,
• 9:31
  Speaker 1: to the Moscow Police Department, or such other law enforcement agency,
• 9:36
  Speaker 1: as may be appropriate, for the purpose of preserving said
• 9:39
  Speaker 1: property for use as evidence or until further order of
• 9:43
  Speaker 1: a court of competent jurisdiction. Once any related criminal case
• 9:48
  Speaker 1: has been concluded, including the expiration of time for appeal
• 9:52
  Speaker 1: or at such other appropriate time, the property can be
• 9:55
  Speaker 1: released or disposed of upon authorization of the jurisdiction prosecuting
• 10:01
  Speaker 1: attorney it is further ordered that said property or any
• 10:05
  Speaker 1: part thereof may be delivered to any person or laboratory
• 10:09
  Speaker 1: or laboratories for the purpose of conducting or obtaining any
• 10:13
  Speaker 1: tests analysis or identification of said property or which is
• 10:18
  Speaker 1: deemed necessary by the custodial law enforcement agency or jurisdictional
• 10:23
  Speaker 1: prosecuting attorney without further order of this court. This was
• 10:27
  Speaker 1: dated on March 17th of 2023 and signed by Judge Marshall.
• 10:37
  Speaker 1: The next document we have is the search warrant itself.
• 10:41
  Speaker 1: In the matter of the application for a search warrant
• 10:44
  Speaker 1: for Google LLC and or Google Pay, MPD case number 22-M09903.
• 10:50
  Speaker 1: Any peace officer authorized to enforce or assist in enforcing
• 10:58
  Speaker 1: any law of the state of Idaho. Lawrence Mowry, having
• 11:02
  Speaker 1: given me proof upon oath this day, showing probable cause,
• 11:06
  Speaker 1: establishing grounds for issuing a search warrant, and there is
• 11:10
  Speaker 1: probable cause to believe that the property referred to and
• 11:13
  Speaker 1: sought in or upon said premises consists of information, related
• 11:18
  Speaker 1: to the investigations into the crimes of homicide at 1122
• 11:23
  Speaker 1: King Road, Moscow, Idaho, on the Google account of Brian
• 11:27
  Speaker 1: Kohlberger for all Gmail accounts linked by recovery email, cookie,
• 11:33
  Speaker 1: Android ID, creation IP, or phone number associated with any
• 11:38
  Speaker 1: of the following identifiers. Redacted, redacted, redacted, redacted, redacted, And
• 11:46
  Speaker 1: the last entry is IMEI. Between January 1st, 2021 and
• 11:53
  Speaker 1: December 30th, 2022, including Google Pay account subscriber information as
• 11:59
  Speaker 1: defined in 18 U.S.C. 2703 Section 2, Google account recent
• 12:07
  Speaker 1: activity logs and connected devices, Google email messages, Gmail, including
• 12:13
  Speaker 1: drafts and those in the trash, Google Pay account information
• 12:17
  Speaker 1: and transactions, calendar, calendar events, contacts, people, contact files, photos, photos, videos,
• 12:26
  Speaker 1: and albums, and associated metadata, drive, documents, spreadsheets, presentations, and files,
• 12:33
  Speaker 1: and associated metadata, keep, titles, and the notes, hangouts and chats, messages,
• 12:40
  Speaker 1: including attachments, such as photos, location history, location data, and
• 12:46
  Speaker 1: deletion records. My activity searches and browsing history, including activity
• 12:52
  Speaker 1: from web and app. Google Assistant and Google Home. Google Voice.
• 12:58
  Speaker 1: Google Voice information, including Google Voice basic subscriber information, call logs,
• 13:04
  Speaker 1: forwarding number, text messages, and voicemails. YouTube registration email, channel ID,
• 13:10
  Speaker 1: display name, IP logs, And account registration information. Android. Records
• 13:17
  Speaker 1: for Android devices to include subscriber information. Other associated accounts.
• 13:22
  Speaker 1: Cellular carrier information. And device hardware information. Google Play. Google
• 13:28
  Speaker 1: Play purchases made. And Google Play applications downloaded. Located at
• 13:33
  Speaker 1: the following premises. Google. And operates the publicly accessible website. Google.com.
• 13:41
  Speaker 1: You are therefore commanded. to search the above described premises
• 13:45
  Speaker 1: for the property described above, to seize it if found,
• 13:48
  Speaker 1: and bring it promptly before the court above named. This
• 13:52
  Speaker 1: warrant shall be executed within 14 days of issuance and
• 13:56
  Speaker 1: is authorized for daytime or nighttime service pursuant to Idaho
• 14:01
  Speaker 1: Criminal Rule 41, daytime means the hours between 6 a.m.
• 14:06
  Speaker 1: and 10 p.m. Pacific Standard Time, and under the following
• 14:10
  Speaker 1: special instructions. The search warrant issued for a law enforcement purpose,
• 14:15
  Speaker 1: Google is ordered not to disclose the existence or contents
• 14:19
  Speaker 1: of the search warrant or the information furnished in response
• 14:23
  Speaker 1: to the search warrant for a period of 90 days
• 14:26
  Speaker 1: or until further order of the court. Google shall disclose
• 14:31
  Speaker 1: the described property and information within 14 days of issuance.
• 14:36
  Speaker 1: Given under my hand and dated this 24th day of
• 14:38
  Speaker 1: February 2023, and this was signed by Judge Marshall. The
• 14:44
  Speaker 1: next document we have is the order for extension to
• 14:47
  Speaker 1: return the search warrant. In the matter of the application
• 14:51
  Speaker 1: for a search warrant for Google Pay, MPD case number 22-M09903.
• 14:58
  Speaker 1: The above matter, having come before the court, based upon
• 15:02
  Speaker 1: the motion of the state and good cause appearing, it
• 15:05
  Speaker 1: is hereby ordered that the time for which the above
• 15:09
  Speaker 1: reference search warrant shall be returned is extended to April 6th, 2023.
• 15:15
  Speaker 1: So ordered this 10th day of March, 2023. And this
• 15:20
  Speaker 1: was signed by Judge Marshall. The next document we have
• 15:24
  Speaker 1: is the motion for extension to return search warrant. In
• 15:28
  Speaker 1: the matter of the application for a search warrant for
• 15:31
  Speaker 1: Google Pay, MPD case number 22-M0903. The state of Idaho...
• 15:40
  Speaker 1: by and through Ashley S. Jennings, Latah County Senior Deputy
• 15:44
  Speaker 1: Prosecuting Attorney, moves this court for an order extending the
• 15:48
  Speaker 1: time for returning the above-referenced search warrant, which was issued
• 15:52
  Speaker 1: on the 24th day of February, 2023. The search warrant
• 15:56
  Speaker 1: was directed by the court to be served within 14
• 15:59
  Speaker 1: days of issuance during business hours. The warrant was served
• 16:03
  Speaker 1: by Detective Lawrence Mowry on February 25th, 2023. through the
• 16:09
  Speaker 1: Google Law Enforcement Portal. As of February 27, 2023, Forensic
• 16:15
  Speaker 1: Detective Mowry is out of state, attending a forensic training
• 16:19
  Speaker 1: for approximately three weeks. Detective Mowry is unable to download
• 16:24
  Speaker 1: any return until his return to the Moscow Police Department
• 16:28
  Speaker 1: Forensic Lab. Therefore, as of this date, the information provided
• 16:32
  Speaker 1: by Google has not been downloaded. Although the warrant was
• 16:36
  Speaker 1: executed within 14 days, of timeframe directed by I.C. 19-4412,
• 16:42
  Speaker 1: the state is not able to comply with the timeframe
• 16:46
  Speaker 1: within which to return the warrant and provide a written inventory. Accordingly,
• 16:52
  Speaker 1: the state requests an extension of time for the return
• 16:55
  Speaker 1: of the search warrant. Respectfully submitted this 9th day of
• 16:59
  Speaker 1: March 2023. And this was signed by Ashley Jennings. All right, folks,
• 17:06
  Speaker 1: that's going to do it for this one. All of
• 17:08
  Speaker 1: the information that goes with the episode can be found
• 17:11
  Speaker 1: in the description. We all know a guy who... What's up, everyone,
• 17:15
  Speaker 1: and welcome back to the program. In this episode, we're
• 17:19
  Speaker 1: going to jump right back into some of the court documents.
• 17:22
  Speaker 1: And this time, we're going to take a look at
• 17:25
  Speaker 1: the warrant for Apple and the order to seal and
• 17:29
  Speaker 1: redact that warrant. So, let's get to it. Case number...
• 17:35
  Speaker 1: CR 29-22-2805. Order to seal and redact. In the matter
• 17:42
  Speaker 1: of the application for a search warrant for Apple Incorporated.
• 17:48
  Speaker 1: MPD case number 22-M09903. This matter came before the court
• 17:56
  Speaker 1: on February 10th, 2023 on the court's motion to seal
• 18:00
  Speaker 1: or redact pursuant to I.C.A.R.. 32 I. The hearing was
• 18:07
  Speaker 1: held via Zoom. William W. Thompson Jr. and Ashley Jennings
• 18:12
  Speaker 1: appeared on behalf of the state. Ann Taylor appeared on
• 18:15
  Speaker 1: behalf of Mr. Kohlberger. The court reviewed the records, considered
• 18:19
  Speaker 1: the arguments presented, weighed the interest in privacy and public disclosure,
• 18:24
  Speaker 1: and announced its findings of fact on the record. Therefore,
• 18:28
  Speaker 1: pursuant to I.C.A.R., 32 I, 2 A, and D, the
• 18:34
  Speaker 1: court finds it necessary to seal, in part, and redact
• 18:37
  Speaker 1: the record related to the search warrant for the following reasons. One,
• 18:42
  Speaker 1: the documents contain highly intimate facts or statements, the publication
• 18:46
  Speaker 1: of which would be highly objectionable to a reasonable person.
• 18:50
  Speaker 1: And two, the documents contain facts or statements that might
• 18:54
  Speaker 1: threaten the safety of or endanger the life or safety
• 18:59
  Speaker 1: of individuals. After due consideration and with good cause appearing,
• 19:04
  Speaker 1: it is hereby ordered that the record herein shall be
• 19:07
  Speaker 1: disclosed except for the following. 1. The affidavit in support
• 19:12
  Speaker 1: of search warrant is sealed. 2. The search warrant and
• 19:16
  Speaker 1: receipt and inventory be redacted. 3. This order will remain
• 19:21
  Speaker 1: in effect until further order of the court. This order
• 19:25
  Speaker 1: was signed on February 27th and it was signed by
• 19:29
  Speaker 1: Judge Marshall. The next document we have is the Order
• 19:34
  Speaker 1: Sealing Search Warrant and Related Documents. In the matter of
• 19:38
  Speaker 1: the application for a search warrant for Apple Inc., MPD
• 19:41
  Speaker 1: case number 22-M09903. Based upon the motion to seal search warrant,
• 19:50
  Speaker 1: warrant and related documents filed herein, the court does hereby
• 19:54
  Speaker 1: confirm and order that the affidavit for search warrant, including
• 19:58
  Speaker 1: any exhibits, search warrant, return of search warrant, including the
• 20:02
  Speaker 1: inventory of items seized, and order are confidential, exempt from disclosure,
• 20:07
  Speaker 1: and are sealed pursuant to Idaho Court Administrative Rule 32G1
• 20:13
  Speaker 1: for the reasons stated in that motion and until February 28th,
• 20:18
  Speaker 1: 2023 or further order of the court. This was also
• 20:22
  Speaker 1: signed by Judge Marshall and this order was signed on
• 20:26
  Speaker 1: December 1st of 2022. The next document we have is
• 20:32
  Speaker 1: the Motion to Seal Search Warrant and its related documents.
• 20:37
  Speaker 1: In the matter of the application for a search warrant
• 20:40
  Speaker 1: for Apple Incorporated, MPD case number 22-MU-9903. The state of Idaho,
• 20:49
  Speaker 1: by and through the Latah County Prosecuting Attorney, respectfully moves
• 20:53
  Speaker 1: the court pursuant to Idaho Court Administrative Rule 32G1 and
• 20:58
  Speaker 1: Idaho Code 74-124 for an order sealing search warrant and
• 21:03
  Speaker 1: related documents including the affidavit for a search warrant, including
• 21:08
  Speaker 1: any exhibits, search warrant, return of search warrant, including the
• 21:12
  Speaker 1: inventory of items seized and order filed herein, because release
• 21:16
  Speaker 1: of disclosure would, one, interfere with enforcement proceedings, and two,
• 21:21
  Speaker 1: constitute an unwarranted invasion of personal privacy. Three, disclose the
• 21:27
  Speaker 1: identity of a confidential source, and four, disclose investigative techniques
• 21:32
  Speaker 1: and procedures. And the state seeks this protection for a
• 21:36
  Speaker 1: minimum of 90 days or until such time as the
• 21:40
  Speaker 1: investigation is concluded and or charges are filed. Wherefore, the
• 21:45
  Speaker 1: state respectfully prays that the court seal from public disclosure
• 21:49
  Speaker 1: the affidavit for search warrant, search warrant, return of search warrant,
• 21:53
  Speaker 1: and order herein under the provision of Idaho Court Administrative
• 21:58
  Speaker 1: Rule 32G1 and Idaho Code 74-124. This was submitted on
• 22:06
  Speaker 1: November 30th of 2022 and Ashley Jennings, Deputy Prosecuting Attorney,
• 22:13
  Speaker 1: signed it. The next document in the warrant is the order.
• 22:18
  Speaker 1: In the matter of application for a search warrant for Apple,
• 22:22
  Speaker 1: MPD case number 22-M0-9903. In the above titled matter, this
• 22:30
  Speaker 1: court having heretofore issued a search warrant and the said
• 22:34
  Speaker 1: search warrant having been served according to law, and the
• 22:37
  Speaker 1: return of the warrant having been duly made as directed
• 22:40
  Speaker 1: in said search warrant to this court, and the written
• 22:43
  Speaker 1: inventory of the property found and seized, having been duly
• 22:47
  Speaker 1: made and taken before the undersigned magistrate or judge, and
• 22:51
  Speaker 1: filed herein. Now, therefore, it is hereby ordered that the
• 22:56
  Speaker 1: said peace officer shall deliver, or cause to be delivered,
• 23:00
  Speaker 1: the property described in said inventory, to the Moscow Police
• 23:04
  Speaker 1: Department or such other law enforcement agency as may be
• 23:08
  Speaker 1: appropriate for the purpose of preserving said property for use
• 23:13
  Speaker 1: as evidence or until further order of a court of
• 23:16
  Speaker 1: competent jurisdiction. Once any related criminal case has been concluded,
• 23:21
  Speaker 1: including the expiration of time for appeal or at such
• 23:25
  Speaker 1: other appropriate times, the property can be released or disposed
• 23:29
  Speaker 1: of upon authorization of the jurisdictional authority prosecuting attorney it
• 23:35
  Speaker 1: is further ordered that said property or any part thereof
• 23:40
  Speaker 1: may be delivered to any person or laboratory or laboratories
• 23:44
  Speaker 1: for the purpose of conducting or obtaining any tests analysis
• 23:48
  Speaker 1: or identification of said property which is deemed necessary by
• 23:53
  Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
• 23:58
  Speaker 1: further order of this court this order was signed on
• 24:02
  Speaker 1: the 1st of December of 2022, and it was signed
• 24:06
  Speaker 1: by Judge Megan Marshall. The next document we have is
• 24:11
  Speaker 1: the return of the search warrant. In the matter of
• 24:14
  Speaker 1: the application for a search warrant for Apple Incorporated, MPD
• 24:19
  Speaker 1: case number 22-M09903. I, Lawrence Mowry, the officer by whom
• 24:26
  Speaker 1: the search warrant was executed, do certify that The appended
• 24:30
  Speaker 1: inventory contains a true and detailed account of all property
• 24:34
  Speaker 1: taken by me or other officers pursuant to this warrant
• 24:38
  Speaker 1: and that this warrant and property have been duly returned
• 24:42
  Speaker 1: before the court at 9 o'clock a.m. this 30th day
• 24:46
  Speaker 1: of November 2022. I certify under a penalty of perjury
• 24:51
  Speaker 1: pursuant to the law of the state of Idaho that
• 24:53
  Speaker 1: the foregoing is true and correct. This was signed by
• 24:58
  Speaker 1: Officer Mowry. On the 30th of November. Our next document.
• 25:05
  Speaker 1: Is the affidavit. Of Lawrence Mowry. I Lawrence Mowry. Being
• 25:10
  Speaker 1: duly sworn. Do hereby state. The following information is true.
• 25:14
  Speaker 1: And correct to the best of my knowledge. And belief. One.
• 25:18
  Speaker 1: That I'm employed by the Moscow Police Department. In the
• 25:21
  Speaker 1: official position. Of forensic detective. Two. Affidavit. Has been trained
• 25:27
  Speaker 1: and qualified peace officer. For 12 years. 3. On November 21st, 2022.
• 25:33
  Speaker 1: I obtained a search warrant for Apple. 4. The warrant
• 25:37
  Speaker 1: was served on November 21st, 2022. By email, fax, email, etc.
• 25:43
  Speaker 1: And 5. On 11-25-2022. I received an email from Apple.
• 25:48
  Speaker 1: Which contained the requested information. 6. An inventory was prepared
• 25:53
  Speaker 1: for all the items received. And 7. The information received
• 25:57
  Speaker 1: was placed into evidence. at the Moscow Police Department. This
• 26:01
  Speaker 1: affidavit was signed on the 30th of November by Detective
• 26:06
  Speaker 1: Lawrence Mowry. The next document we have is the receipt
• 26:11
  Speaker 1: and inventory of a warrant in the matter of the
• 26:14
  Speaker 1: application for a search warrant for Apple AI. And all
• 26:18
  Speaker 1: of that is part of the redaction, unfortunately. And this
• 26:22
  Speaker 1: receipt was also signed by Detective Mowry. And then finally,
• 26:27
  Speaker 1: our last document, the actual search warrant itself. In the
• 26:31
  Speaker 1: matter of application for a search warrant for Apple Incorporated,
• 26:35
  Speaker 1: MPD case number 22-M09903, to any peace officer authorized to
• 26:42
  Speaker 1: enforce or assist in enforcing any law of the state
• 26:46
  Speaker 1: of Idaho. Lawrence Mowry, having given me proof upon oath,
• 26:50
  Speaker 1: this day showing probable cause, establishing grounds for issuing a
• 26:54
  Speaker 1: search warrant, and probable cause to believe property consisting of
• 26:59
  Speaker 1: there is probable cause to believe that property referred to
• 27:03
  Speaker 1: and sought in or upon said premises consists records related
• 27:08
  Speaker 1: to the crime of homicide on the Apple iCloud account
• 27:11
  Speaker 1: associated with Ethan Chapin with the following redacted phone number
• 27:17
  Speaker 1: redacted and or IMEI redacted hereafter referred to as Chapin
• 27:24
  Speaker 1: account from August 1, 2022 to November 18, 2022, including
• 27:32
  Speaker 1: all records or other information regarding the identification of the account,
• 27:36
  Speaker 1: to include full name, physical address, telephone numbers, email addresses,
• 27:41
  Speaker 1: including primary, alternate, rescue, and notification email addresses, and verification
• 27:47
  Speaker 1: information for each email address. the date on which the
• 27:50
  Speaker 1: account was created, the length of service, the IP address
• 27:54
  Speaker 1: used to register the account, account status, methods of connecting,
• 27:59
  Speaker 1: and means and source of payment, including any credit or
• 28:02
  Speaker 1: bank account numbers. All records or other information regarding the
• 28:06
  Speaker 1: devices associated with or used in connection with the account
• 28:11
  Speaker 1: including all current and past trusted or authorized iOS devices
• 28:16
  Speaker 1: and computers and any devices used to access Apple services,
• 28:21
  Speaker 1: including serial numbers, unique device identifiers, advertising identifiers, global unique identifiers,
• 28:28
  Speaker 1: media access control, addresses, integrated circuit card ID numbers, electronic
• 28:34
  Speaker 1: serial numbers, mobile electronic identity numbers, mobile equipment identifiers, mobile
• 28:40
  Speaker 1: identification numbers, Subscriber Identity Modules, Mobile Subscriber Integrated Services Digital
• 28:47
  Speaker 1: Network Numbers, International Mobile Subscriber Identities, and International Mobile Station
• 28:54
  Speaker 1: Equipment Identities. The contents of all emails associated with the account,
• 28:59
  Speaker 1: including stored or preserved copies of emails sent to and
• 29:03
  Speaker 1: from the account, including all draft emails and deleted emails,
• 29:08
  Speaker 1: sources and destination addresses associated with each email, the date
• 29:13
  Speaker 1: and time at which each email was sent, the size
• 29:16
  Speaker 1: and length of each email, and true and accurate header information,
• 29:20
  Speaker 1: including the actual IP addresses of the sender and the
• 29:23
  Speaker 1: recipient of the emails, and all attachments. The contents of
• 29:28
  Speaker 1: all instant messages associated with the account, including stored or
• 29:33
  Speaker 1: preserved copies, of instant messages, including iMessages, SMS messages, and
• 29:39
  Speaker 1: MMS messages. sent to and from the account, including all
• 29:42
  Speaker 1: draft and deleted messages. The source and destination account of
• 29:46
  Speaker 1: phone number associated with each instant message, the date and
• 29:50
  Speaker 1: time at which each instant message was sent, the size
• 29:54
  Speaker 1: and length of each instant message, the actual IP addresses
• 29:58
  Speaker 1: of the sender, and the recipient of each instant message,
• 30:02
  Speaker 1: and the media, if any, attached to each instant message.
• 30:06
  Speaker 1: The contents of all files and other records stored on iCloud,
• 30:10
  Speaker 1: including all iOS device backups, all Apple and third-party app data,
• 30:16
  Speaker 1: all files and other records related to iCloud Mail, iCloud
• 30:19
  Speaker 1: Photo Sharing, My Photo Stream, iCloud Photo Library, iCloud Drive, iWorks,
• 30:25
  Speaker 1: including pages, numbers, and keynote, iCloud tabs, and iCloud keychain,
• 30:31
  Speaker 1: and all address books, contact and buddy lists, notes, reminders,
• 30:35
  Speaker 1: calendar entries, images, videos, voicemails, device settings, and bookmarks. All
• 30:42
  Speaker 1: activity connection and transactional logs for the account with associated
• 30:47
  Speaker 1: IP addresses, including source port numbers. including FaceTime call invitation logs,
• 30:53
  Speaker 1: mail logs, iCloud logs, iTunes Store and App Store logs,
• 30:58
  Speaker 1: including purchases, downloads and updates of Apple and third-party apps,
• 31:03
  Speaker 1: messaging and query logs, including iMessage, SMS and SMS messages,
• 31:09
  Speaker 1: My Apple ID and I Forgot logs, sign-on logs for
• 31:13
  Speaker 1: all Apple services, Game Center logs, Find My iPhone logs,
• 31:17
  Speaker 1: logs associated with the iOS device activation and upgrades, and
• 31:22
  Speaker 1: logs associated with web-based access of Apple services, including all
• 31:28
  Speaker 1: associated identifiers, all records and information regarding locations where the
• 31:33
  Speaker 1: account was accessed, including all data stored in connection with
• 31:37
  Speaker 1: location services, all records pertaining to the type of services used,
• 31:42
  Speaker 1: all records pertaining to communications between Apple and any person
• 31:47
  Speaker 1: regarding the account, including contacts with support services and records
• 31:51
  Speaker 1: of actions taken. Located in or upon following premises owned, maintained, controlled,
• 31:57
  Speaker 1: or operated by Apple Incorporated, a company headquartered at Apple Incorporation,
• 32:04
  Speaker 1: One Infinite Loop, Cupertino, California, 95014. You are therefore commanded
• 32:10
  Speaker 1: to search the above-described premises for the property described above
• 32:14
  Speaker 1: to seize it, if found, and bring it promptly before
• 32:17
  Speaker 1: the court. above named. This warrant shall be executed within
• 32:21
  Speaker 1: seven days of issuance and is authorized for daytime service only,
• 32:26
  Speaker 1: pursuant to Idaho Criminal Rule 41. Daytime means the hours
• 32:30
  Speaker 1: between 6 a.m. and 10 p.m., local time, and under
• 32:34
  Speaker 1: the following special directions. This search warrant is issued for
• 32:38
  Speaker 1: a law enforcement purpose. Apple is ordered not to disclose
• 32:42
  Speaker 1: the existence or contents of this search warrant or the
• 32:45
  Speaker 1: information furnished in response to the search warrant for a
• 32:49
  Speaker 1: period of 90 days or until further order of the court.
• 32:54
  Speaker 1: Apple shall disclose the described property and information within 14
• 32:59
  Speaker 1: days of issuance. And this order was signed by Judge
• 33:04
  Speaker 1: Marshall on the 21st of November of 2022. All right,
• 33:10
  Speaker 1: so there is the first of the Apple warrants. There
• 33:14
  Speaker 1: are three others. and they are for the other victims, obviously,
• 33:18
  Speaker 1: so we'll get those added to the catalog very shortly.
• 33:22
  Speaker 1: All right, folks, so that's going to do it for
• 33:24
  Speaker 1: this one. All of the information that goes with the
• 33:27
  Speaker 1: episode can be found in the description box. What's up, everyone,
• 33:32
  Speaker 1: and welcome back to the program. In this episode, we're
• 33:35
  Speaker 1: diving back into those court documents... And this time, we're
• 33:38
  Speaker 1: going to take a look at the order to seal
• 33:41
  Speaker 1: for Verizon Wireless and the order to seal for Washington
• 33:45
  Speaker 1: State University. So, let's get started with the order to
• 33:50
  Speaker 1: seal for Verizon Wireless. Case number CR29-22-2805. Order to seal.
• 33:55
  Speaker 1: In the matter of the application for a search warrant
• 33:58
  Speaker 1: for Verizon Wireless. MPD case number 22-M0903. This matter came
• 34:11
  Speaker 1: before the court on February 10th, 2023, on the court's
• 34:15
  Speaker 1: motion to seal or redact pursuant to I.C.A.R.32I. The hearing
• 34:21
  Speaker 1: was held via Zoom. William W. Thompson Jr. and Ashley
• 34:24
  Speaker 1: Jennings appeared on behalf of the state. Ann Taylor appeared
• 34:28
  Speaker 1: on behalf of Mr. Kohlberger. The court reviewed the records,
• 34:31
  Speaker 1: considered the arguments presented, weighed the interests in privacy and
• 34:35
  Speaker 1: public disclosure, and announced its findings of fact on the record. Therefore,
• 34:40
  Speaker 1: pursuant to I.C.A.R.32I.2A and I.C.74-124.1 and E, the court finds
• 34:50
  Speaker 1: it necessary to seal the records related to the search
• 34:53
  Speaker 1: warrant for the following reasons. 1. The documents contain... highly
• 34:58
  Speaker 1: intimate facts or statements, the publication of which would be
• 35:01
  Speaker 1: highly objectionable to a reasonable person, and 2. Production of
• 35:05
  Speaker 1: such records would disclose investigative techniques and procedures. After due
• 35:10
  Speaker 1: consideration and with good cause, it is hereby ordered that
• 35:14
  Speaker 1: the record herein shall be sealed until further order of
• 35:18
  Speaker 1: the court. This was dated March 7th of 2023 and
• 35:21
  Speaker 1: it was signed by Judge Marshall. The next document is
• 35:26
  Speaker 1: the order sealing search warrant and related documents in the
• 35:30
  Speaker 1: matter of the application for a search warrant for Verizon Wireless.
• 35:35
  Speaker 1: NPD case number 22-M09903. Based upon the motion to seal
• 35:41
  Speaker 1: search warrant and related documents filed herein, the court does
• 35:45
  Speaker 1: hereby confirm and order that the affidavit for search warrant,
• 35:49
  Speaker 1: including any exhibits, search warrant, return of search warrant, including
• 35:53
  Speaker 1: the inventory items seized, and order are confidential, exempt from disclosure,
• 35:58
  Speaker 1: and are sealed pursuant to Idaho Court Administrative Rule 32G1
• 36:04
  Speaker 1: for the reasons stated in the said motion and until
• 36:07
  Speaker 1: March 3, 2023, or further order of the court, whichever
• 36:12
  Speaker 1: occurs first. This was ordered on the second day of
• 36:15
  Speaker 1: December of 2022, and this was signed by Judge Marshall.
• 36:20
  Speaker 1: Moving on to the next document, we have the motion
• 36:22
  Speaker 1: to seal search warrant and related documents. In the matter
• 36:26
  Speaker 1: of the application for a search warrant for Verizon Wireless.
• 36:30
  Speaker 1: MPD case number 22-M099-03. The state of Idaho, by and
• 36:37
  Speaker 1: through the Latah County Prosecuting Attorney, respectfully moves the court
• 36:42
  Speaker 1: pursuant to Idaho Court Administrative Rule 32G1 and Idaho Code
• 36:47
  Speaker 1: 74-124 For an order sealing search warrant and related documents,
• 36:53
  Speaker 1: including the affidavit for search warrant, including any exhibits, search warrant,
• 36:58
  Speaker 1: return of search warrant, including the inventory of items seized,
• 37:01
  Speaker 1: an order filed herein, because release or disclosure would, 1.
• 37:06
  Speaker 1: Interfere with enforcement proceedings, 2. Constitute an unwarranted invasion of
• 37:11
  Speaker 1: personal privacy, 3. Disclose the identity of a confidential source,
• 37:15
  Speaker 1: and 4. Disclose investigative techniques and procedures. and the state
• 37:20
  Speaker 1: seeks its protection for a minimum of 90 days or
• 37:23
  Speaker 1: until such time as the investigation is concluded and or
• 37:27
  Speaker 1: charges are filed. Wherefore, the state respectfully prays that the
• 37:31
  Speaker 1: court seal from public disclosure the affidavit for search warrant,
• 37:35
  Speaker 1: search warrant, return of search warrant, and order herein under
• 37:39
  Speaker 1: the provisions of Idaho Court Administrative Rule 32G1 and Idaho
• 37:43
  Speaker 1: Code 74-124. Respectfully submitted this first day of December 2022
• 37:52
  Speaker 1: by Ashley Jennings. All right, moving on to the next warrant,
• 37:56
  Speaker 1: and that warrant is for Washington State University. Case number CR29-22-2805.
• 38:05
  Speaker 1: Order to seal. In the matter of the application for
• 38:08
  Speaker 1: a search warrant for Washington State University. MPD case number 22-M0903.
• 38:17
  Speaker 1: This matter came before the court on February 10, 2023,
• 38:21
  Speaker 1: on the court's motion to seal or redact pursuant to I.C.A.R.32I.
• 38:28
  Speaker 1: The hearing was held via Zoom. William W. Thompson Jr.
• 38:31
  Speaker 1: and Ashley Jennings appeared on behalf of the state, and
• 38:35
  Speaker 1: Taylor appeared on behalf of Mr. Kohlberger. The court reviewed
• 38:38
  Speaker 1: the records, considered the arguments presented, weighed the interests in
• 38:42
  Speaker 1: privacy and public disclosure, and announced its findings of fact
• 38:46
  Speaker 1: on the record. Therefore, the court finds it necessary to
• 38:50
  Speaker 1: seal the record related to the search warrant because it
• 38:53
  Speaker 1: is necessary to preserve the right to a fair trial, I.C.A.R.32I.2.
• 38:59
  Speaker 1: After due consideration and with good cause, it is hereby
• 39:02
  Speaker 1: ordered that the record herein shall be sealed until further
• 39:06
  Speaker 1: order of the court. This was dated on the 7th
• 39:10
  Speaker 1: of March of 2023, and this was signed by Judge Marshall.
• 39:15
  Speaker 1: Moving on to the next document, we have the order
• 39:17
  Speaker 1: ceiling search warrant and related documents. In the matter of
• 39:21
  Speaker 1: the application for a search warrant for Washington State University,
• 39:25
  Speaker 1: MPD case number 22-M0903. Based upon the motion to seal
• 39:32
  Speaker 1: search warrant and related documents filed herein, the court does
• 39:36
  Speaker 1: hereby confirm and order that the affidavit for search warrant,
• 39:40
  Speaker 1: including any exhibits, search warrant, return of search warrant, including
• 39:44
  Speaker 1: the inventory of items seized, and order are confidential, exempt
• 39:48
  Speaker 1: from disclosure, and are sealed pursuant to Idaho Court Administrative
• 39:53
  Speaker 1: Rule 32G1 for the reasons stated in the said motion
• 39:57
  Speaker 1: and throughout the entirety of CR 29-22-2805 or further order
• 40:04
  Speaker 1: of the court, whichever occurs first. So ordered this 25th
• 40:09
  Speaker 1: day of January of 2023. This was signed by Judge
• 40:13
  Speaker 1: Matter of the application for a search warrant for Washington
• 40:17
  Speaker 1: State University. MPD case number 22-M09903. The state of Idaho,
• 40:24
  Speaker 1: by and through the Latah County Prosecuting Attorney, respectfully moves
• 40:28
  Speaker 1: the court pursuant to Idaho Court Administrative Rule 32G1 and
• 40:33
  Speaker 1: Idaho Code 74-124 for an order sealing search warrant and
• 40:38
  Speaker 1: related documents, including the affidavit for search warrant, including any exhibits,
• 40:44
  Speaker 1: search warrant, return of search warrant, including the inventory of
• 40:47
  Speaker 1: items seized and order filed herein, because release or disclosure
• 40:51
  Speaker 1: would 1. Interfere with enforcement proceedings. 2. Deprive a person
• 40:57
  Speaker 1: of a right to a fair trial or an impartial adjudication. 2.
• 41:01
  Speaker 1: Constitute an unwarranted invasion of personal privacy. 3. Disclose the
• 41:07
  Speaker 1: identity of a confidential source and or 4. Disclose investigative
• 41:11
  Speaker 1: techniques and procedures. And the state seeks this protection against
• 41:15
  Speaker 1: throughout the entirety of CR 29-22-2805. Wherefore, the state respectfully
• 41:23
  Speaker 1: prays that the court seal from public disclosure the affidavit
• 41:27
  Speaker 1: for search warrant, search warrant, return of search warrant, and
• 41:30
  Speaker 1: order herein under the provisions of Idaho Court Administrative Rule
• 41:35
  Speaker 1: 32G1 and Idaho Code 74-124. Respectfully submitted this 24th day
• 41:39
  Speaker 1: of January, 2023. This document was signed by Ashley Jennings.
• 41:49
  Speaker 1: All right. So we got a lot of housekeeping to
• 41:51
  Speaker 1: do when it comes to court documents and a lot
• 41:54
  Speaker 1: of smaller ones like this to get to. So my
• 41:57
  Speaker 1: plan is to condense them. together to make the episodes
• 42:00
  Speaker 1: a little bit longer instead of having, you know, a
• 42:02
  Speaker 1: three minute episode or something like that. So we're going
• 42:04
  Speaker 1: to continue to do it this way, piece it all
• 42:06
  Speaker 1: together until we have the whole entire docket recorded into
• 42:10
  Speaker 1: the catalog. That way we have a record of it
• 42:13
  Speaker 1: and we can go back to it and refer to it.
• 42:15
  Speaker 1: And we know exactly what the hell's going on because
• 42:18
  Speaker 1: with the gag order, if you're not following along behind
• 42:21
  Speaker 1: the scenes in the courtroom, then you're definitely going to
• 42:24
  Speaker 1: be at a loss. So we'll continue to do it
• 42:27
  Speaker 1: this way. We'll continue to have these documents uploaded into
• 42:30
  Speaker 1: the catalog and we'll keep it moving. As for me, well,
• 42:33
  Speaker 1: I'll be back later on with a little bit more.
• 42:36
  Speaker 1: All of the information that goes with this episode can
• 42:39
  Speaker 1: be found in the description box.