Latest / Beyond The Horizon / Mega Edition: Bryan Kohberger And The Warrants Regarding The Ka-Bar Knife (9/22/26)

Transcript

Mega Edition: Bryan Kohberger And The Warrants Regarding The Ka-Bar Knife (9/22/26) · Beyond The Horizon

• 0:00
  Speaker 1: And welcome back to the program. In this episode, we're
• 0:03
  Speaker 1: going to dive back into those court documents and we're
• 0:06
  Speaker 1: going to take a look at the Walmart warrant. So
• 0:10
  Speaker 1: let's get busy. Case number CR29-22-2805. Order to seal and redact.
• 0:19
  Speaker 1: In the matter of the application for a search warrant
• 0:21
  Speaker 1: for Walmart stores. MPD case number 22-M099-03. This matter came
• 0:30
  Speaker 1: before the court on February 10th, 2023, on the court's
• 0:34
  Speaker 1: motion to seal or redact pursuant to I.C.A.R.32I.
• 0:40
  Speaker 2: The hearing was held via Zoom. William W. Thompson Jr.
• 0:44
  Speaker 1: And Ashley Jennings appeared on behalf of the state, and
• 0:47
  Speaker 1: Ann Taylor appeared on behalf of Mr.
• 0:49
  Speaker 2: Kohlberger.
• 0:51
  Speaker 1: The court reviewed the records, considered the arguments presented, weighed
• 0:54
  Speaker 1: the interests in privacy and public disclosure, and announced its
• 0:58
  Speaker 1: findings of fact on the record. Therefore, the court finds
• 1:02
  Speaker 1: it necessary to seal in part and redact the record
• 1:06
  Speaker 1: related to the search warrant because the documents contain highly
• 1:10
  Speaker 1: intimate facts or statements, the publication of which would be
• 1:13
  Speaker 1: highly objectionable to a reasonable person. After due consideration, and
• 1:22
  Speaker 1: with good cause appearing, it is hereby ordered that the
• 1:25
  Speaker 1: record herein shall be disclosed except for the following. 1.
• 1:29
  Speaker 1: The affidavit in support of search warrant and the amended
• 1:32
  Speaker 1: affidavit in support of search warrant sealed. 2. The search warrant,
• 1:37
  Speaker 1: amended search warrant, and receipt and inventory be redacted. 3.
• 1:42
  Speaker 1: This order will remain in effect until further order of
• 1:45
  Speaker 1: the court. This was signed on the 7th of March
• 1:49
  Speaker 1: and it was signed by Judge Marshall. The next document
• 1:52
  Speaker 1: we have is the order sealing warrant and related documents.
• 1:56
  Speaker 1: In the matter of the application for a search warrant
• 1:59
  Speaker 1: for Walmart. NPD case number 22-M0903. Based upon the motion
• 2:07
  Speaker 1: to seal search warrant and related documents filed herein, the
• 2:11
  Speaker 1: court does hereby confirm and order that the affidavit for
• 2:15
  Speaker 1: search warrant, including any exhibits, search warrant, return of search warrant,
• 2:19
  Speaker 1: including the inventory of items seized, and order are confidential,
• 2:24
  Speaker 1: exempt from disclosure, and are sealed pursuant to Idaho Court
• 2:28
  Speaker 1: Administrative Rule 32G1 for the reasons stated in the said
• 2:32
  Speaker 1: motion and until March 14, 2023, or further order of
• 2:37
  Speaker 1: this court, whichever occurs first. This was dated March 15th, 2022,
• 2:43
  Speaker 1: and it was signed by Judge Marshall. The next document
• 2:47
  Speaker 1: is the motion to seal search warrant and related documents.
• 2:51
  Speaker 1: In the matter of the application for a search warrant
• 2:53
  Speaker 1: for Walmart stores, NPD case number 22-M09903. The state of
• 3:00
  Speaker 1: Idaho by and through the Latah County prosecuting attorney Respectfully
• 3:05
  Speaker 1: moves the court, pursuant to Idaho Court Administrative Rule 32G1
• 3:09
  Speaker 1: and Idaho Code 74-124, for an order sealing search warrant
• 3:15
  Speaker 1: and related documents, including the affidavit for search warrant, including
• 3:19
  Speaker 1: any exhibits, search warrant, return of search warrant, including the
• 3:23
  Speaker 1: inventory of items seized, and order filed herein, because release
• 3:27
  Speaker 1: or disclosure would, 1. Interfere with enforcement proceedings to constitute
• 3:33
  Speaker 1: an unwarranted invasion of personal privacy. Three, disclose the identity
• 3:38
  Speaker 1: of a confidential source and for disclose investigative techniques and procedures.
• 3:44
  Speaker 1: And the state seeks this protection for a minimum of
• 3:47
  Speaker 1: 90 days or until such time as the investigation is
• 3:50
  Speaker 1: concluded and or charges are filed. Wherefore, the state respectfully
• 3:56
  Speaker 1: prays that the court seal from public disclosure, the affidavit
• 4:00
  Speaker 1: for search warrant, search warrant, return of search warrant, and
• 4:03
  Speaker 1: order herein under the provisions of Idaho Court Administrative Rule
• 4:08
  Speaker 1: 32G1 and Idaho Code 74-124, respectfully submitted this 14th day
• 4:11
  Speaker 1: of December of 2022. and this was signed by Ashley S. Jennings,
• 4:21
  Speaker 1: the senior deputy prosecuting attorney. The next document we have
• 4:26
  Speaker 1: is the return of the search warrant. In the matter
• 4:28
  Speaker 1: of the application for a search warrant for Walmart stores,
• 4:32
  Speaker 1: MPD case number 22-M09903. I, Lawrence Mowry, the officer by
• 4:40
  Speaker 1: whom this warrant was executed, do certify the appended inventory
• 4:44
  Speaker 1: contains a true and detailed account of all property taken
• 4:48
  Speaker 1: by me, or other officers pursuant to this warrant, and
• 4:51
  Speaker 1: that this warrant and property have been duly returned before
• 4:55
  Speaker 1: Judge Megan E. Marshall at 9 o'clock a.m. this 14th
• 4:58
  Speaker 1: day of December 2022. I certify under penalty of perjury
• 5:03
  Speaker 1: pursuant to the law of the state of Idaho that
• 5:06
  Speaker 1: the foregoing is true and correct. This was signed by
• 5:10
  Speaker 1: Officer Mowry and it was dated December 14th, 2022. The
• 5:16
  Speaker 1: next document we have is the affidavit of Lawrence Mowry. I,
• 5:20
  Speaker 1: Lawrence Mowry, being duly sworn, do hereby state the following
• 5:23
  Speaker 1: information is true and correct to the best of my
• 5:26
  Speaker 1: knowledge and belief. 1. That I am employed by the
• 5:31
  Speaker 1: Moscow Police Department in the official position of forensic detective. 2.
• 5:36
  Speaker 1: Affidavit has been trained and qualified peace officer for 12 years. 3.
• 5:39
  Speaker 1: On 11-21-22, I obtained a search warrant for Walmart. 4.
• 5:46
  Speaker 1: The warrant was served on 11-28-22 by email. 5. On 12-9-22,
• 5:53
  Speaker 1: I received an email from Walmart which contained the requested information. 6.
• 5:58
  Speaker 1: An inventory was prepared for all of the items received
• 6:01
  Speaker 1: and 7. The information received was placed into evidence at
• 6:05
  Speaker 1: the Moscow Police Department. I certify or declare under penalty
• 6:10
  Speaker 1: of perjury pursuant to the law of the state of
• 6:12
  Speaker 1: Idaho that the foregoing is true and correct. This was
• 6:15
  Speaker 1: signed by Detective Mowry and it was dated on the
• 6:19
  Speaker 1: 14th of December of 2022. The next document we have
• 6:23
  Speaker 1: is the receipt and inventory of the warrant. In the
• 6:27
  Speaker 1: matter of the application for a search warrant for Walmart stores,
• 6:32
  Speaker 1: on the 28th day of November 2022 at approximately 1
• 6:36
  Speaker 1: 16 p.m., the following peace officer, Detective Lawrence Mowry, served
• 6:41
  Speaker 1: a search warrant and then The next section, redacted. The
• 6:45
  Speaker 1: next section, redacted. Then the third section, the property found
• 6:49
  Speaker 1: and taken, and the location within or upon said place
• 6:53
  Speaker 1: and or person are as follows. K-Bar, KA-121-17S, United States
• 7:00
  Speaker 1: Marine Corps, fighting knife sheath. K-Bar, full size, USMC straight
• 7:06
  Speaker 1: edge knife. The next section, redacted, except for the date,
• 7:11
  Speaker 1: which is December 14th. and the signature of Officer Mowry.
• 7:16
  Speaker 1: The next document we have is the order. In the
• 7:19
  Speaker 1: matter of the application for a search warrant for Walmart Incorporated,
• 7:23
  Speaker 1: MPD case number 22-M09903. In the above titled matter, this court,
• 7:30
  Speaker 1: having heretofore issued a search warrant and the said search
• 7:33
  Speaker 1: warrant having been served according to law and the return
• 7:36
  Speaker 1: of warrant having been duly made as directed in said
• 7:39
  Speaker 1: search warrant to this court and a written inventory, of
• 7:43
  Speaker 1: the property found and seized, having been duly made, and
• 7:46
  Speaker 1: taken before, the undersigned magistrate or judge, and filed herein. Now, therefore,
• 7:53
  Speaker 1: it is hereby ordered, that the said peace officer, shall deliver,
• 7:56
  Speaker 1: or cause to be delivered, the property described, in said
• 8:00
  Speaker 1: inventory to the Moscow Police Department or such other law
• 8:04
  Speaker 1: enforcement agency as may be appropriate for the purpose of
• 8:08
  Speaker 1: preserving said property for use as evidence or until further
• 8:12
  Speaker 1: order of a court of competent jurisdiction. Once any related
• 8:16
  Speaker 1: criminal case has been concluded, including the expiration of time
• 8:19
  Speaker 1: for appeal or at such other appropriate time, the property
• 8:24
  Speaker 1: can be released or disposed of upon authorization Of the
• 8:27
  Speaker 1: jurisdictional prosecuting attorney. It is further ordered. That said property.
• 8:32
  Speaker 1: Or any part thereof. May be delivered. To any person
• 8:36
  Speaker 1: or laboratory.
• 8:37
  Speaker 2: Or laboratories. For the purpose. Of conducting or obtaining. Any tests. Analysis.
• 8:43
  Speaker 1: Or identification of said property. Which is deemed necessary. By
• 8:46
  Speaker 1: the custodial law enforcement agency. Or jurisdictional prosecuting attorney. Without
• 8:52
  Speaker 1: further order. Of this court. This was dated. on the
• 8:56
  Speaker 1: 15th of December of 2022, and it was signed by
• 9:00
  Speaker 1: Judge Marshall. Moving on to the next document, we have
• 9:03
  Speaker 1: the search warrant. In the matter of the application for
• 9:06
  Speaker 1: a search warrant for Walmart, MPD case number 22-M09903. To
• 9:10
  Speaker 1: any peace officer authorized to enforce or assist in enforcing
• 9:18
  Speaker 1: any law of the state of Idaho. Lawrence Mowry, having
• 9:21
  Speaker 1: given me proof upon oath this day, showing probable cause,
• 9:25
  Speaker 1: establishing grounds for issuing a search warrant, and probable cause,
• 9:29
  Speaker 1: to believe that the property referred to and sought in
• 9:32
  Speaker 1: or upon said premises consists of records and or documents,
• 9:37
  Speaker 1: records and documents, Thank you for watching. electronic video and
• 9:51
  Speaker 1: audio recordings, e.g. video surveillance, microform, electromagnetic recordings, optical recordings,
• 9:58
  Speaker 1: electronic files or records, photographs, drafts, finished versions, originals and copies,
• 10:04
  Speaker 1: however created, produced or stored. Video surveillance images pertaining to
• 10:09
  Speaker 1: account transactions to include account opening, deposits, withdrawals, etc. are
• 10:14
  Speaker 1: included with the subpoena request. Supporting information can be provided
• 10:19
  Speaker 1: to help identify surveillance video images for some of the
• 10:22
  Speaker 1: transactions for the crimes or crime of homicide in the
• 10:26
  Speaker 1: possession or control of Walmart related to the sale of
• 10:30
  Speaker 1: the following items for the period of January 1st, 2022
• 10:34
  Speaker 1: to the present. 1. K-Bar KA-1217S USMC Fighting Knife Sheath 1.
• 10:43
  Speaker 1: K-Bar Full Size USMC Straight Edge Knife The record shall include,
• 10:48
  Speaker 1: but are not limited to, all open and closed accounts,
• 10:52
  Speaker 1: all records pertaining to the individual or individuals or business
• 10:56
  Speaker 1: entities identified in this letter, whether held jointly or severally,
• 11:00
  Speaker 1: or as a trustee or fiduciary, as well as custodian, executor,
• 11:04
  Speaker 1: or guardian, as well as any other entity in which
• 11:07
  Speaker 1: these individuals or entities may have financial interests. includes all
• 11:12
  Speaker 1: accounts in which these individuals have signatory authority and or
• 11:16
  Speaker 1: the right of withdrawal. These records should include signature cards,
• 11:21
  Speaker 1: statement data, monthly account statements, identification of and name assigned
• 11:26
  Speaker 1: on all debit cards on account, deposits and supporting documentation,
• 11:31
  Speaker 1: including but not limited to evidence of cash, canceled deposited checks,
• 11:35
  Speaker 1: front and back, transfers from other accounts, including full account
• 11:39
  Speaker 1: number and name, and other credit information. Checks and other withdrawals,
• 11:44
  Speaker 1: including but not limited to, cancel checks front and back,
• 11:48
  Speaker 1: withdrawals and offsets, evidence of cash withdrawals, transfers from other accounts,
• 11:53
  Speaker 1: including account number and name, other debit information, wire transfers
• 11:57
  Speaker 1: in and out, including wire transfer instructions and evidence of requester,
• 12:02
  Speaker 1: if possible, evidence of cash transactions, and identifying information of
• 12:07
  Speaker 1: individuals conducting cash transactions. Identification of sender or recipient bank,
• 12:13
  Speaker 1: full account number, and account name on ACH transfers, online transfers, teletransfers,
• 12:20
  Speaker 1: or other transfers. Electronic Internet Records. For those customers who
• 12:25
  Speaker 1: engage in online banking with your financial institution, the following
• 12:30
  Speaker 1: information pertaining to that online banking account. Usernames or other
• 12:35
  Speaker 1: identifying information for the account. Email addresses associated with the
• 12:40
  Speaker 1: account to include any and all of the above information
• 12:44
  Speaker 1: for any secondary or additional email addresses and or usernames
• 12:49
  Speaker 1: identified by you as belonging to the targeted account in
• 12:53
  Speaker 1: this letter. Historical access logs for authentication to the account,
• 12:58
  Speaker 1: including internet protocol addresses for this account and date, time
• 13:02
  Speaker 1: and duration of each session. Credit card records, e.g. MasterCard
• 13:07
  Speaker 1: and Visa. including customer's application signature card, credit or background
• 13:12
  Speaker 1: investigations conducted, correspondence, monthly billing statements, individual charge invoices, repayment records,
• 13:20
  Speaker 1: disclosing the date, amounts, and method of repayment, checks used
• 13:24
  Speaker 1: to make repayments front and back, correspondence, all records of
• 13:28
  Speaker 1: correspondence communication between the customer and the financial institution relating
• 13:33
  Speaker 1: to the above services or for any other purpose. including
• 13:37
  Speaker 1: customer service inquiries or requests for assistance.
• 13:41
  Speaker 2: Other records.
• 13:43
  Speaker 1: All applications, forms, and other written documents completed by the customer,
• 13:48
  Speaker 1: records of certified checks, wire transfers, or collections, letter credit, bonds,
• 13:53
  Speaker 1: and securities purchased through your financial institution, savings bond transaction,
• 13:59
  Speaker 1: and investment accounts, such records that disclose the date and
• 14:02
  Speaker 1: amount of the transaction method, cash or check, and source
• 14:06
  Speaker 1: of payment. instrument and statement of transactions, all correspondence with
• 14:11
  Speaker 1: the above individual entities and or with third parties regarding
• 14:15
  Speaker 1: the above individual or entities, all memoranda, notes, files, and
• 14:19
  Speaker 1: records relating to meetings or conversations concerning the above individuals
• 14:24
  Speaker 1: or entities located at the following premises, Walmart stores. You
• 14:29
  Speaker 1: are therefore commanded to search the above described premises for
• 14:33
  Speaker 1: the property described above to seize it if found and
• 14:36
  Speaker 1: bring it promptly before the court above named. This warrant
• 14:40
  Speaker 1: shall be executed within seven days of issuance and is
• 14:43
  Speaker 1: authorized for daytime service only, pursuant to Idaho Criminal Rule 41,
• 14:48
  Speaker 1: daytime means the hours between 6 a.m. and 10 p.m.
• 14:52
  Speaker 1: local time, and under the following special directions. This search
• 14:56
  Speaker 1: warrant is issued for a law enforcement purpose. Walmart is
• 14:59
  Speaker 1: ordered not to disclose the existence or contents of this
• 15:02
  Speaker 1: search warrant for the information furnished in response to the
• 15:07
  Speaker 1: search warrant for a period of 90 days or until
• 15:09
  Speaker 1: further order of the court. Walmart shall disclose the described
• 15:14
  Speaker 1: property and information within 14 days of issuance, given under
• 15:18
  Speaker 1: my hand and dated this 21st day of November 2022
• 15:23
  Speaker 1: at 4.36 p.m. And this was signed by Judge Marshall.
• 15:27
  Speaker 1: And we also have a couple of other documents because
• 15:30
  Speaker 1: there was an extension granted here. So, the next document.
• 15:34
  Speaker 1: Order for extension to return search warrant. In the matter
• 15:37
  Speaker 1: of the application for a search warrant for Walmart. NPD
• 15:41
  Speaker 1: case number 22-M09903. The above matter having come before the
• 15:47
  Speaker 1: court based upon the motion of the state and good
• 15:50
  Speaker 1: cause appearing, it is hereby ordered that the time for
• 15:53
  Speaker 1: which the above reference search warrant shall be returned is
• 15:56
  Speaker 1: extended to March 6, 2023.
• 15:57
  Speaker 2: So, order this extension.
• 16:00
  Speaker 1: 5th day of December 2022 by Judge Megan Marshall. The
• 16:04
  Speaker 1: next document is the motion for extension to return search
• 16:08
  Speaker 1: warrant in the matter of the application for a search
• 16:11
  Speaker 1: warrant for Walmart stores. NPD case number 22-M09903. The state
• 16:19
  Speaker 1: of Idaho by and through Ashley S. Jennings, Latah County
• 16:22
  Speaker 1: Senior Deputy Prosecuting Attorney, moves this court for an order
• 16:26
  Speaker 1: extending the time for returning the above reference search warrant
• 16:30
  Speaker 1: which was issued on the 21st day of November, 2022.
• 16:33
  Speaker 1: The search warrant was directed by the court to be
• 16:37
  Speaker 1: served within 14 days of issuance during business hours. The
• 16:41
  Speaker 1: warrant was served by Detective Lawrence Mowry on the 28th
• 16:45
  Speaker 1: day of November 2022 by email. However, as of this date,
• 16:50
  Speaker 1: the information has not been received. Although the warrant was
• 16:53
  Speaker 1: executed within the 14-day time frame directed by I.C. 19-4412,
• 16:59
  Speaker 1: the state is not able to comply with the time
• 17:03
  Speaker 1: frame within which to return the warrant and provide a
• 17:06
  Speaker 1: written inventory. Accordingly, the state requests an extension of time
• 17:10
  Speaker 1: for the return of the search warrant. Respectfully submitted this
• 17:14
  Speaker 1: 5th day of December 2022. And this was signed by
• 17:18
  Speaker 1: Ashley Jennings, the Senior Deputy Prosecuting Attorney. Alright folks, well
• 17:23
  Speaker 1: that's going to do it for this one. All of
• 17:25
  Speaker 1: the information that goes with the episode can be found
• 17:28
  Speaker 1: in the description box. What's up everyone and welcome back
• 17:32
  Speaker 1: to the program. In this episode, we're going to dive
• 17:36
  Speaker 1: right back into those court documents. And this time, we're
• 17:39
  Speaker 1: going to take a look At the warrant for K-Bar Knives.
• 17:44
  Speaker 1: So let's get cracking. Case number CR29-22-2805. Order to seal
• 17:52
  Speaker 1: and redact. In the matter of the application for a
• 17:55
  Speaker 1: search warrant for K-Bar Knives. MPD case number 22-M099-03. This
• 18:00
  Speaker 1: matter came before the court. on February 10, 2023, on
• 18:09
  Speaker 1: the court's motion to seal or redact pursuant to I.C.A.R.32I.
• 18:15
  Speaker 2: The hearing was held via Zoom. William W.
• 18:18
  Speaker 1: Thompson Jr. and Ashley Jennings appeared on behalf of the state.
• 18:23
  Speaker 1: Ann Taylor appeared on behalf of Mr.
• 18:25
  Speaker 2: Kohlberger.
• 18:26
  Speaker 1: The court reviewed the records, considered the arguments presented, weighed
• 18:30
  Speaker 1: the interests in privacy and public disclosure, and announced its
• 18:33
  Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32I.2A.D.
• 18:41
  Speaker 1: and I.C. section 74-124.1.C., the court finds it necessary to
• 18:48
  Speaker 1: seal the records related to the search warrant for the
• 18:51
  Speaker 1: following reasons. 1. The documents contain highly intimate facts or statements,
• 18:56
  Speaker 1: the publication of which would be highly objectionable to a
• 18:59
  Speaker 1: reasonable person. 2. Documents contain facts or statements that That
• 19:04
  Speaker 1: might threaten the safety of. Or endanger the life. Or
• 19:07
  Speaker 1: safety of individuals.
• 19:09
  Speaker 2: And three. Disclosure.
• 19:11
  Speaker 1: Would constitute an unwarranted invasion. Of personal privacy. After due consideration.
• 19:16
  Speaker 1: And with good cause appearing. It is hereby ordered. That
• 19:19
  Speaker 1: the record herein. Shall be disclosed. Except for the following. One.
• 19:24
  Speaker 1: The affidavit in support of search warrant.
• 19:26
  Speaker 2: Is sealed.
• 19:27
  Speaker 1: Two.
• 19:27
  Speaker 2: The search warrant. And receipt and inventory. Be redacted. Three.
• 19:32
  Speaker 1: This order will remain in effect until further order of
• 19:35
  Speaker 1: the court. This was signed on the 7th day of March, 2023,
• 19:41
  Speaker 1: and it was signed by Judge Marshall. The next document
• 19:44
  Speaker 1: we have is the order sealing search warrant and related documents.
• 19:49
  Speaker 1: In the matter of the application for a search warrant
• 19:51
  Speaker 1: for K-Bar Knives, NPD case number 22-M09903. Based upon the
• 19:59
  Speaker 1: motion to seal search warrant and related documents filed herein,
• 20:03
  Speaker 1: the court does hereby confirm and order that the affidavit
• 20:07
  Speaker 1: for search warrant, including any exhibits, Search warrant, return of
• 20:11
  Speaker 1: search warrant, including the inventory of items seized, and order
• 20:15
  Speaker 1: are confidential, exempt from disclosure, and are sealed pursuant to
• 20:19
  Speaker 1: Idaho Court Administrative Rule 32G1 for the reasons stated in
• 20:24
  Speaker 1: the said motion and until March 7, 2023, or further
• 20:29
  Speaker 1: order of the court, whichever occurs first. This was dated
• 20:33
  Speaker 1: on December 7, 2022, and it was signed by Judge Marshall.
• 20:38
  Speaker 1: The next document is the motion to seal search warrant
• 20:42
  Speaker 1: and related documents. In the matter of the application for
• 20:45
  Speaker 1: a search warrant for K-Bar Knives, NPD case number 22-M09903.
• 20:52
  Speaker 1: The state of Idaho, by and through the Latah County
• 20:56
  Speaker 1: prosecuting attorney, respectfully moves the court pursuant to Idaho Court
• 21:01
  Speaker 1: Administrative Rule 32G1 and Idaho Code 74124 for an order-sealing
• 21:07
  Speaker 1: search warrant and related documents, including the affidavit for search warrant,
• 21:12
  Speaker 1: including any exhibits, search warrant, return of search warrant, including
• 21:16
  Speaker 1: the inventory of items seized, and order filed herein, because
• 21:21
  Speaker 1: release or disclosure would, 1. interfere with enforcement proceedings, 2.
• 21:27
  Speaker 1: constitute an unwarranted invasion of personal privacy, 3. disclose the
• 21:32
  Speaker 1: identity of a confidential source, and four, disclose investigative techniques
• 21:37
  Speaker 1: and procedures. And the state seeks this protection for a
• 21:40
  Speaker 1: minimum of 90 days or until such time as the
• 21:44
  Speaker 1: investigation is concluded and or charges are filed. Wherefore, the
• 21:49
  Speaker 1: state respectfully prays that the court seal from public disclosure,
• 21:53
  Speaker 1: the affidavit for search warrant, search warrant, return of search warrant,
• 21:57
  Speaker 1: and order herein, under the provisions of Idaho Court Administrative
• 22:02
  Speaker 1: Rule 32G1 and Idaho Code 74-124, respectfully submitted this 7th
• 22:09
  Speaker 1: day of December 2022. And this was signed by the
• 22:14
  Speaker 1: Senior Deputy Prosecuting Attorney, Ashley Jennings. The next document we
• 22:18
  Speaker 1: have is the return of the search warrant. In the
• 22:21
  Speaker 1: matter of the application for a search warrant for K-Bar Knives,
• 22:26
  Speaker 1: NPD case number 22-M09903. I, Detective Lawrence Mowry, the officer
• 22:33
  Speaker 1: by whom this warrant was executed, do certify the appended
• 22:37
  Speaker 1: inventory contains a true and detailed account of all property
• 22:42
  Speaker 1: taken by me or other officers pursuant to this warrant,
• 22:46
  Speaker 1: and that this warrant and property have been duly returned
• 22:49
  Speaker 1: before Judge Megan E. Marshall at 4 o'clock p.m. this
• 22:52
  Speaker 1: 5th day of December 2022. I certify under penalty of
• 22:57
  Speaker 1: perjury pursuant to the law, the state of Idaho, that
• 23:00
  Speaker 1: the foregoing is true and correct. This was signed by
• 23:04
  Speaker 1: Officer Mowry and it was dated on the 5th of
• 23:07
  Speaker 1: December of 2022. The next document is the affidavit of
• 23:12
  Speaker 1: Lawrence Mowry. I, Lawrence Mowry, being duly sworn, do hereby
• 23:17
  Speaker 1: state the following information is true and correct to the
• 23:20
  Speaker 1: best of my knowledge and belief. One, that I am
• 23:23
  Speaker 1: employed by a Moscow Police Department agency in the official
• 23:26
  Speaker 1: position of forensic detective. Two, affidavit has been a trained
• 23:30
  Speaker 1: and qualified peace officer for 12 years. Three, on 11-29-22,
• 23:36
  Speaker 1: I obtained an amended search warrant for KBAR. Four, the
• 23:40
  Speaker 1: warrant was served on 11-29-2022 by email. Five, on 12-22-22,
• 23:47
  Speaker 1: I received an email from KBAR which contained the requested information. Six,
• 23:52
  Speaker 1: an inventory was prepared For all the items received and seven,
• 23:57
  Speaker 1: the information received was placed into evidence at the Moscow
• 24:01
  Speaker 1: Police Department. This was signed on the 5th of December, 2022,
• 24:05
  Speaker 1: and it was signed by Officer Mowry. The next document
• 24:10
  Speaker 1: is the receipt and inventory of the warrant. In the
• 24:13
  Speaker 1: matter of the application for a search warrant for K-Bar Knives,
• 24:18
  Speaker 1: on the 29th day of November, 2022, at approximately 2.31 p.m.,
• 24:23
  Speaker 1: The following peace officer, Detective Lawrence Mowry, served the search
• 24:27
  Speaker 1: warrant heretofore issued upon the place and or persons. The
• 24:31
  Speaker 1: next section is redacted. The following section, the description of property,
• 24:36
  Speaker 1: that is a K-bar 1217, K-bar 1217S, K-bar 1218, K-bar 9128,
• 24:38
  Speaker 1: K-bar 9140, K-bar 9169, K-bar 9191. Distribution information regarding Blue
• 24:54
  Speaker 1: Ridge Knives. Distribution information regarding Redacted. Distribution information regarding Redacted.
• 25:01
  Speaker 1: Distribution information regarding Redacted. Distribution information regarding Redacted. So those
• 25:07
  Speaker 1: are all the redactions that are there as well. Then
• 25:09
  Speaker 1: the next page, completely blank, except for the signature and
• 25:13
  Speaker 1: the date, which is the 5th day of December of 2022.
• 25:17
  Speaker 1: The next document is the order in the above titled matter.
• 25:20
  Speaker 1: This court having heretofore issued a search warrant and the
• 25:24
  Speaker 1: said search warrant having been served according to law and
• 25:27
  Speaker 1: the return of the warrant having been duly made as
• 25:30
  Speaker 1: directed in said search warrant to this court and a
• 25:33
  Speaker 1: written inventory of the property found and seized haven't been
• 25:37
  Speaker 1: duly made and taken before the undersigned magistrate or judge
• 25:41
  Speaker 1: and filed herein. Now, therefore, it is hereby ordered that
• 25:45
  Speaker 1: that the said peace officer shall deliver or cause to
• 25:48
  Speaker 1: be delivered the property described in said inventory to the
• 25:51
  Speaker 1: Moscow Police Department or such other law enforcement agency, as
• 25:56
  Speaker 1: may be appropriate for the purpose of preserving said property
• 26:00
  Speaker 1: for use as evidence or until further order of a
• 26:03
  Speaker 1: court of competent jurisdiction. Once any related criminal case has
• 26:07
  Speaker 1: been concluded, including the expiration of time for appeal or
• 26:11
  Speaker 1: at such other appropriate time, the property can be released
• 26:14
  Speaker 1: or disposed of upon authorization of the jurisdictional prosecuting attorney.
• 26:20
  Speaker 1: It is further ordered that the said property or any
• 26:23
  Speaker 1: part thereof may be delivered to any person or laboratory
• 26:27
  Speaker 1: or laboratories for the purpose of conducting or obtaining any tests, analysis,
• 26:33
  Speaker 1: or identification of said property which is deemed necessary by
• 26:37
  Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
• 26:42
  Speaker 1: further order of this court.
• 26:44
  Speaker 2: This was dated.
• 26:46
  Speaker 1: On the 7th of December of 2022 and signed by
• 26:49
  Speaker 1: Judge Marshall. The next document is the amended search warrant.
• 26:55
  Speaker 1: In the matter of the application for a search warrant
• 26:58
  Speaker 1: for K-Bar knives, MPD case number 22-M099-03. To any peace
• 27:06
  Speaker 1: officer authorized to enforce or assist in enforcing, Any law
• 27:10
  Speaker 1: of the state of Idaho. Lawrence Mowry, having given me
• 27:13
  Speaker 1: proof upon oath this day, showing probable cause establishing grounds
• 27:18
  Speaker 1: for issuing a search warrant and a probable cause to
• 27:21
  Speaker 1: believe that the property referred to and sought in or
• 27:24
  Speaker 1: upon said premises consists of records and documents related to
• 27:28
  Speaker 1: the crime or crimes of homicide in the possession or
• 27:32
  Speaker 1: control of K-Bar knives related to the sale or of
• 27:36
  Speaker 1: the following items for the period of January 1st, 2022
• 27:39
  Speaker 1: to the present. 1.
• 27:40
  Speaker 2: KBAR 1217. 2. KBAR 1217S. 3. KBAR 1218. 4.
• 27:41
  Speaker 1: KBAR 9128. 5.
• 27:41
  Speaker 2: KBAR 9140. 6. KBAR 9169. 7. KBAR 9199. 8.
• 27:43
  Speaker 1: Distribution Information Regarding.
• 27:45
  Speaker 2: Blue Ridge Knives.
• 28:04
  Speaker 1: Then 9, 10, 11, 12, and 13, same thing, distribution
• 28:09
  Speaker 1: information regarding, but the rest is redacted. The records and documents,
• 28:13
  Speaker 1: the terms records and documents, mean any and all tangible
• 28:17
  Speaker 1: forms of expression in your possession, custody, or control in
• 28:21
  Speaker 1: any language or format and include, but are not limited to, writings, papers,
• 28:25
  Speaker 1: and tape recordings, electronic video and audio recordings, e.g. video surveillance, microform,
• 28:32
  Speaker 1: electromagnetic recordings, Optical recordings, electronic files or records, photographs, drafts,
• 28:38
  Speaker 1: finished versions, originals and copies, however created, produced or stored,
• 28:43
  Speaker 1: video surveillance images pertaining to account transactions, to include account opening, deposit, withdrawals, etc.,
• 28:50
  Speaker 1: are included with this subpoena request. Supporting information can be
• 28:54
  Speaker 1: provided to help identify surveillance video images for some of
• 28:59
  Speaker 1: the transactions, shall include, but are not limited to, all
• 29:03
  Speaker 1: open and closed accounts, all records pertaining to the individual
• 29:07
  Speaker 1: or individuals or business entities identified in this letter, whether
• 29:12
  Speaker 1: held jointly or severally, or as a trustee or fiduciary,
• 29:16
  Speaker 1: as well as custodian, executor, or guardian, as well as
• 29:19
  Speaker 1: any other entity in which these individuals or entities may
• 29:23
  Speaker 1: have a financial interest, includes all accounts in which these
• 29:27
  Speaker 1: individuals had signatory authority and or the right of withdrawal,
• 29:32
  Speaker 1: These records should include signature cards, statement data, monthly account statements,
• 29:37
  Speaker 1: identification of and name assigned. on all debit cards on account,
• 29:42
  Speaker 1: deposits and supporting documentation, including but not limited to evidence
• 29:47
  Speaker 1: of cash, canceled deposited checks front and back, transfers from
• 29:50
  Speaker 1: other accounts, including full account number and name and other
• 29:54
  Speaker 1: credit information. checks and other withdrawals, including but not limited to,
• 29:59
  Speaker 1: canceled checks front and back, withdrawals and offsets, evidence of
• 30:03
  Speaker 1: cash withdrawals, transfers from other accounts, including account number and name,
• 30:08
  Speaker 1: other debit information, wire transfers in and out, including wire
• 30:12
  Speaker 1: transfer instructions, and evidence of a requester, if possible, evidence
• 30:17
  Speaker 1: of cash transactions, and identifying information of individuals conducting cash transactions,
• 30:23
  Speaker 1: identification of sender or recipient bank, Full account number and
• 30:28
  Speaker 1: account name on ACH transfers, online transfers, teller transfers, or
• 30:33
  Speaker 1: other transfers. Electronic internet records for those customers who engage
• 30:38
  Speaker 1: in online banking with your financial institution. The following information
• 30:42
  Speaker 1: pertaining to that online banking account. Usernames or other identifying
• 30:48
  Speaker 1: information for the account. Email addresses associated with the account
• 30:53
  Speaker 1: to include any and all of the above information. for
• 30:56
  Speaker 1: any secondary or additional email address and or usernames identified
• 31:01
  Speaker 1: by you as belonging to the targeted account in this letter,
• 31:05
  Speaker 1: historical access logs for authentication to the account, including internet
• 31:10
  Speaker 1: protocol addresses for this account and date, time, and duration
• 31:15
  Speaker 1: of each session, credit card records, e.g. MasterCard and Visa,
• 31:20
  Speaker 1: including customer application signature card, credit or background investigations conducted,
• 31:25
  Speaker 1: correspondence monthly billing statements individual charge invoices repayment records disclosing
• 31:31
  Speaker 1: the date amounts and method of repayment checks used to
• 31:35
  Speaker 1: make repayments front and back correspondence all records of correspondence
• 31:40
  Speaker 1: communication between the customer and the financial institution relating to
• 31:45
  Speaker 1: the above services or for any other purpose including customer
• 31:49
  Speaker 1: service inquiries or requests for assistance other records All applications, forms,
• 31:55
  Speaker 1: and other written documents completed by the customer, records of
• 31:59
  Speaker 1: certified checks, wire transfers, or collections, letter credit, bonds, and
• 32:03
  Speaker 1: securities purchased through your financial institution, savings bond transaction and
• 32:08
  Speaker 1: investment accounts, such records that disclose the date and amount
• 32:12
  Speaker 1: of the transaction method, cash or check, and source of payment.
• 32:17
  Speaker 1: Instruments and statements of transactions. All correspondence with the above
• 32:21
  Speaker 1: individuals or entities and or with third parties regarding the
• 32:25
  Speaker 1: above individuals or entities. All memoranda, notes, files or records
• 32:30
  Speaker 1: relating to meetings or conversations concerning the above individuals or entities.
• 32:36
  Speaker 1: Located in or upon the following described premises. K-Bar Knives Incorporated.
• 32:41
  Speaker 1: Instructions for production of electronically digitally stored records. Electronic records.
• 32:47
  Speaker 1: electronically stored records shall be produced in electronic form and
• 32:51
  Speaker 1: shall include those records held, one, in your record retention system,
• 32:55
  Speaker 1: and or two, by your technology, data, or other service provider.
• 33:00
  Speaker 1: Text data. Text data relating to transactions, e.g. core data,
• 33:04
  Speaker 1: history file, shall be produced within one data file using
• 33:09
  Speaker 1: delimited ASCII text data format or 2. within software that
• 33:14
  Speaker 1: can export without loss of data to a non-proprietary file
• 33:18
  Speaker 1: format or 3. using commonly readable file format set by agreement.
• 33:24
  Speaker 1: Text data files relating to transactions produced according to the
• 33:28
  Speaker 1: above shall include field descriptions, e.g. account number, date, time, description, payee, payor,
• 33:35
  Speaker 1: check number, item identifier, and amount.
• 33:38
  Speaker 2: Image data.
• 33:39
  Speaker 1: Image data shall be produced in graphic data files in
• 33:42
  Speaker 1: a non-proprietary or commonly readable format with the highest image
• 33:47
  Speaker 1: quality maintained. Image data of items associated with specific transactions, e.g. checks, deposits,
• 33:54
  Speaker 1: shall be one produced in individual graphic data and files
• 33:58
  Speaker 1: produced with any associated endorsements, and to link to corresponding
• 34:03
  Speaker 1: text data by a unique identifier. Encryption authentication. Electronically stored
• 34:09
  Speaker 1: records may be transmitted in an encrypted container. Decryption keys
• 34:13
  Speaker 1: shall be produced separately at the time the data are produced. Authentication,
• 34:18
  Speaker 1: such as hash coding, may be set by agreement. You
• 34:23
  Speaker 1: are therefore commanded to search the above described premises for
• 34:26
  Speaker 1: the property described above to seize it if found. and
• 34:29
  Speaker 1: bring it promptly before the court above named. This warrant
• 34:33
  Speaker 1: shall be executed within seven days of issuance and is
• 34:36
  Speaker 1: authorized for daytime service only. Pursuant to Idaho Criminal Rule 41,
• 34:40
  Speaker 1: daytime means the hours between 6 a.m.
• 34:43
  Speaker 2: And 10 p.m.
• 34:44
  Speaker 1: Local time and under the following special directions. This search
• 34:48
  Speaker 1: warrant issued for a law enforcement purpose. KBAR is ordered
• 34:52
  Speaker 1: not to disclose the existence or contents of this search
• 34:55
  Speaker 1: warrant or the information furnished in response to the search
• 34:58
  Speaker 1: warrant for a period of 90 days or until further
• 35:01
  Speaker 1: order of the court. KBAR shall not disclose the described
• 35:05
  Speaker 1: property and information within 14 days of issuance. Given under
• 35:11
  Speaker 1: my hand and dated this 29th day of November 2022
• 35:14
  Speaker 1: at 1.51 p.m. And this was signed by Judge Marshall.
• 35:20
  Speaker 1: All right, folks, that's.
• 35:21
  Speaker 2: Going to do it for this one.
• 35:23
  Speaker 1: All of the information that goes with the episode can
• 35:25
  Speaker 1: be found in the description box. Everyone and welcome back
• 35:29
  Speaker 1: to the program. Today, we're going to dive right back
• 35:32
  Speaker 1: into some of those court documents and take a look
• 35:35
  Speaker 1: at what's happening behind the scenes as the government continues
• 35:39
  Speaker 1: to press its case against Brian Kohlberger. And to do
• 35:43
  Speaker 1: that today, we're going to take a look at the
• 35:46
  Speaker 1: second eBay warrant. So let's get started. Case number CR29-22-2805.
• 35:55
  Speaker 1: Order to seal and redact. In the matter of the
• 35:59
  Speaker 1: application for a search warrant for eBay Incorporated. NPD case
• 36:03
  Speaker 1: number 22-M0-9903. This matter came before the court on February 10th, 2023.
• 36:14
  Speaker 1: on the court's motion to seal and redact pursuant to I.C.A.R.32I.
• 36:20
  Speaker 1: The hearing was held via Zoom.
• 36:24
  Speaker 2: William W.
• 36:24
  Speaker 1: Thompson Jr. and Ashley Jennings appeared on behalf of the state.
• 36:29
  Speaker 1: Ann Taylor appeared on behalf of Mr.
• 36:31
  Speaker 2: Kohlberger.
• 36:33
  Speaker 1: The court reviewed the records, considered the arguments presented, weighed
• 36:36
  Speaker 1: the interest in privacy and public disclosure, and announced its
• 36:40
  Speaker 1: findings of fact on the record. Therefore, Pursuant to I.C.A.R.32I2A&D
• 36:48
  Speaker 1: and I.C.74-124.1 Section C, the court finds it necessary to
• 36:56
  Speaker 1: seal the records related to the search warrant for the
• 36:59
  Speaker 1: following reasons. 1. The documents contain highly intimate facts or statements,
• 37:04
  Speaker 1: the publication of which would be highly objectionable to a
• 37:08
  Speaker 1: reasonable person. 2. The documents contain facts or statements that
• 37:12
  Speaker 1: might threaten the safety of or endanger the life or
• 37:16
  Speaker 1: safety of individuals. And three, disclosure would constitute an unwarranted
• 37:23
  Speaker 1: invasion of personal privacy. After due consideration and with good
• 37:28
  Speaker 1: cause appearing, it is hereby ordered that the record herein
• 37:32
  Speaker 1: shall be disclosed except for the following. One, the affidavit
• 37:37
  Speaker 1: in support for search warrant is sealed. Two, the search
• 37:40
  Speaker 1: warrant and receipt and inventory may be redacted. Three, this
• 37:46
  Speaker 1: order will remain in effect until further order of the court.
• 37:50
  Speaker 1: Dated the 28th of February, 2023, and this was signed
• 37:56
  Speaker 1: by Judge Megan Marshall. The next document is the order
• 38:00
  Speaker 1: sealing search warrant and related documents. In the matter of
• 38:04
  Speaker 1: the application for a search warrant for eBay Incorporated. NPD
• 38:09
  Speaker 1: case number 22-M09903. Based upon the motion to seal search
• 38:16
  Speaker 1: warrant and related documents filed herein, the court does hereby
• 38:21
  Speaker 1: confirm and order that the affidavit for the search warrant,
• 38:25
  Speaker 1: including any exhibits, search warrant, return of search warrant, including
• 38:29
  Speaker 1: the inventory of items seized, and order are confidential, exempt
• 38:34
  Speaker 1: from disclosure, and are sealed pursuant to Idaho Court Administrative
• 38:39
  Speaker 1: Rule 32G1 for the reasons stated in the said motion
• 38:44
  Speaker 1: and until February 28th, 2023 or further order of the court,
• 38:49
  Speaker 1: whichever occurs first. And this was signed on December 10th
• 38:55
  Speaker 1: of 2022. And once again, it was signed by Judge Marshall.
• 39:01
  Speaker 1: The next document we have is the motion to seal
• 39:04
  Speaker 1: the search warrant and related documents. In the matter of
• 39:08
  Speaker 1: application for a search warrant for eBay Incorporated, MPD case
• 39:13
  Speaker 1: number 22-M0-9903. The state of Idaho, by and through the
• 39:20
  Speaker 1: Latah County Prosecuting Attorney, respectfully moves the court pursuant to
• 39:25
  Speaker 1: Idaho Court Administrative Rule 32G1 and Idaho Code 171 74-124
• 39:32
  Speaker 1: for an order sealing search warrant and related documents, including
• 39:36
  Speaker 1: the affidavit for search warrant, including any exhibits, search warrant,
• 39:41
  Speaker 1: return of search warrant, including the inventory of items seized,
• 39:46
  Speaker 1: and order filed herein because release or disclosure would, one,
• 39:51
  Speaker 1: interfere with enforcement proceedings, two, constitute an unwarranted invasion of
• 39:56
  Speaker 1: personal privacy, three, disclose the identity of a confidential source,
• 40:02
  Speaker 1: and four, disclose investigative techniques and procedures. And the state
• 40:07
  Speaker 1: seeks this protection for a minimum of 90 days or
• 40:11
  Speaker 1: until such time as the investigation is concluded and or
• 40:15
  Speaker 1: charges are filed. Wherefore, The state respectfully prays that the
• 40:20
  Speaker 1: court seal from public disclosure the affidavit for search warrant,
• 40:24
  Speaker 1: search warrant, return of search warrant, and order herein under
• 40:28
  Speaker 1: the provisions of Idaho Court Administrative Rule 32G1 and Idaho
• 40:35
  Speaker 1: Code 74-124. This was dated on November 30th and this
• 40:40
  Speaker 1: one was signed by Ashley Jennings, the Senior Deputy Prosecuting Attorney.
• 40:47
  Speaker 1: The next document is the order in the matter of
• 40:50
  Speaker 1: the application for a search warrant for eBay Incorporated, MPD
• 40:55
  Speaker 1: case number 22M09903. In the above titled matter, this court
• 41:02
  Speaker 1: having heretofore issued a search warrant and the said search
• 41:05
  Speaker 1: warrant having been served according to law and the return
• 41:08
  Speaker 1: of warrant having been duly made as directed in said
• 41:12
  Speaker 1: search warrant to this court, and a written inventory of
• 41:15
  Speaker 1: the property found, and seized, having been duly made, and taken,
• 41:19
  Speaker 1: before the undersigned magistrate or judge, and filed herein. Now, therefore,
• 41:26
  Speaker 1: it is hereby ordered, that the said peace officer, shall deliver,
• 41:30
  Speaker 1: or cause to be delivered, the property described in said inventory,
• 41:34
  Speaker 1: to the Moscow Police Department, or such other law enforcement agency,
• 41:38
  Speaker 1: as may be appropriate, for the purpose of preserving said property,
• 41:43
  Speaker 1: for use as evidence or until further order of a
• 41:46
  Speaker 1: court of competent jurisdiction. Once any related criminal case has
• 41:51
  Speaker 1: been concluded, including the expiration of time for appeal or
• 41:55
  Speaker 1: at such other appropriate time, the property can be released
• 41:59
  Speaker 1: or disposed of upon authorization of the jurisdictional prosecuting attorney.
• 42:05
  Speaker 1: It is further ordered that said property or any part
• 42:09
  Speaker 1: thereof may be delivered to any person or or laboratory
• 42:13
  Speaker 1: or laboratories for the purpose of conducting or obtaining any tests, analysis,
• 42:19
  Speaker 1: or identification of said property, which is deemed necessary by
• 42:23
  Speaker 1: the custodial law enforcement agency or jurisdictional prosecuting attorney without
• 42:29
  Speaker 1: further order of this court. This was signed by Judge
• 42:33
  Speaker 1: Megan Marshall and it was dated on the 4th of
• 42:37
  Speaker 1: December of 2022. The next document is the return of
• 42:44
  Speaker 1: search warrant. In the matter of application for a search
• 42:47
  Speaker 1: warrant for eBay Incorporated, MPD case number 22-M09903. I, Lawrence Mowry,
• 42:56
  Speaker 1: the officer by whom this warrant was executed, do certify
• 43:00
  Speaker 1: the appended inventory contains a true and detailed account of
• 43:04
  Speaker 1: all property taken by me or other officers pursuant to
• 43:08
  Speaker 1: this warrant. and that this warrant and property have been
• 43:11
  Speaker 1: duly returned before the court at 9 o'clock a.m. this
• 43:15
  Speaker 1: 30th day of November 2022. I certify under penalty of
• 43:20
  Speaker 1: perjury pursuant to the law of the state of Idaho
• 43:23
  Speaker 1: that the foregoing is true and correct. This was dated
• 43:27
  Speaker 1: on November 30th, 2022, and it was signed by Officer Mowry.
• 43:33
  Speaker 2: Moving on to the next.
• 43:34
  Speaker 1: Document, we have the affidavit of Lawrence Mowry. I, Lawrence Mowry,
• 43:40
  Speaker 1: being duly sworn, do hereby state the following information is
• 43:44
  Speaker 1: true and correct to the best of my knowledge and belief. 1.
• 43:48
  Speaker 1: That I am employed by Moscow Police Department in the
• 43:51
  Speaker 1: official position of forensic detective. 2. Affidavit has been a
• 43:56
  Speaker 1: trained and qualified peace officer for 12 years. 3. On
• 44:01
  Speaker 1: November 28, 2022, I obtained a search warrant for eBay. 4.
• 44:06
  Speaker 1: The warrant was served on November 28, 2022 by email. 5.
• 44:14
  Speaker 1: On 11-29-2022, I received an email from eBay which contained
• 44:17
  Speaker 1: the requested information. 6. An inventory was prepared for all
• 44:23
  Speaker 1: the items received and 7. The information received was placed
• 44:27
  Speaker 1: into evidence at the Moscow Police Department. This was signed
• 44:31
  Speaker 1: by Lawrence Mowry on the 30th of November of 2022.
• 44:37
  Speaker 1: The next document is the receipt and inventory of the warrant.
• 44:42
  Speaker 1: On the 28th day of November 2022, at approximately 3.58 p.m.,
• 44:48
  Speaker 1: the following peace officer, Detective Lawrence Mowry, served a search
• 44:52
  Speaker 1: warrant heretofore issued upon the place and or person described
• 44:56
  Speaker 1: herein as directed in said search warrant. Redacted, redacted, redacted.
• 45:03
  Speaker 1: Moving on to the second page, redacted. Moving on to
• 45:06
  Speaker 1: the third page, all of it's redacted. And this receipt
• 45:09
  Speaker 1: and inventory was signed by Detective Mowry. And the final
• 45:14
  Speaker 1: document is the actual search warrant itself. In the matter
• 45:18
  Speaker 1: of the application for a search warrant for eBay Incorporated,
• 45:23
  Speaker 1: MPD case number 22-M09903, to any peace officer authorized to
• 45:30
  Speaker 1: enforce or assist in enforcing any law of the state
• 45:33
  Speaker 1: of Idaho. Lawrence Mowry having given me proof upon oath
• 45:38
  Speaker 1: this day showing probable cause establishing grounds for issuing a
• 45:42
  Speaker 1: search warrant and probable cause to believe that the property
• 45:46
  Speaker 1: referred to and sought in or upon said premises consists
• 45:49
  Speaker 1: of information for the crime or crimes of homicide in
• 45:54
  Speaker 1: the possession or control of eBay related to the sales
• 45:57
  Speaker 1: made to the following users from January 1st, 2022 to
• 46:02
  Speaker 1: present for the following items. K-Bar KA-1217S USMC Fighting Knife Sheath. 2.
• 46:11
  Speaker 1: K-Bar Full Size USMC Straight Edge Knife. For information regarding
• 46:18
  Speaker 1: the following eBay users. So they have somebody in Arizona
• 46:22
  Speaker 1: or two people in Arizona.
• 46:24
  Speaker 2: Two in Idaho. One in Pennsylvania. One in Washington. One
• 46:28
  Speaker 2: in Ohio. One in Wisconsin. One in New York. One
• 46:31
  Speaker 2: in Sadamacan, wherever that is. One in Texas.
• 46:34
  Speaker 1: One in Ohio, one in Washington, and another in Arizona.
• 46:39
  Speaker 1: So they have a whole list of people here, users,
• 46:42
  Speaker 1: but it's all redacted. The records and documents shall include,
• 46:47
  Speaker 1: but are not limited to, account information for the above-named
• 46:52
  Speaker 1: eBay user IDs, subscriber information to include, contact information, billing information,
• 46:58
  Speaker 1: account opening date, account closing date, and any other information
• 47:02
  Speaker 1: retained in connection with the identified accounts. Order details and
• 47:07
  Speaker 1: purchase history for all transactions conducted by the above-named eBay
• 47:12
  Speaker 1: user IDs or any eBay-affiliated storefront, web store, including IP
• 47:18
  Speaker 1: address information for purchases made, shipping addresses, and issuing bank
• 47:23
  Speaker 1: card used. Payment information for payments made or facilitated by
• 47:28
  Speaker 1: eBay users to or from the above-named user IDs, including
• 47:33
  Speaker 1: payments through eBay or eBay-supported platforms. All customer interaction records
• 47:39
  Speaker 1: between eBay and the above-named individuals or entities and their
• 47:43
  Speaker 1: representatives to include call notes, call recordings, email, and or
• 47:49
  Speaker 1: written correspondence. Instructions for production of electronically digitally stored records.
• 47:56
  Speaker 1: Electronic records. Electronically stored records shall be produced in electronic
• 48:01
  Speaker 1: form and shall include those records held, one, in your
• 48:05
  Speaker 1: retention systems, and or, two, by your technology data or
• 48:09
  Speaker 1: other service providers. Text data. Text data relating to transactions, e.g.
• 48:15
  Speaker 1: core data, history file, shall be produced within data file
• 48:20
  Speaker 1: one using delimited ASCII text data format, or, two, within
• 48:26
  Speaker 1: software that can export without loss of data to a
• 48:30
  Speaker 1: non-proprietary file format, or three, using commonly readable file format
• 48:35
  Speaker 1: set by agreement. Text data, files relating to transactions, produced
• 48:40
  Speaker 1: according to the above, shall include field descriptions, e.g., account numbers, date, time, description, payee, payor,
• 48:48
  Speaker 1: check number, item identifier, and amount. Image data. Image data
• 48:54
  Speaker 1: shall be produced in graphic data files in a non-proprietary
• 48:58
  Speaker 1: or commonly readable format that the highest image quality maintains.
• 49:03
  Speaker 1: Image data of items associated with specific transactions, e.g. checks, deposits,
• 49:09
  Speaker 1: shall be 1. produced in individual graphic data files with
• 49:14
  Speaker 1: any associated endorsements and 2. linked to corresponding text data
• 49:19
  Speaker 1: by a unique identifier. Encryption Authentication Electronically stored records may
• 49:26
  Speaker 1: be transmitted in an encrypted container. Decryption keys shall be
• 49:30
  Speaker 1: produced separately at the time the data are produced. Authentication,
• 49:34
  Speaker 1: such as hash coding, may be set by agreement. You
• 49:38
  Speaker 1: are therefore commanded to search the above described premises for
• 49:41
  Speaker 1: the property described above to seize it if found and
• 49:45
  Speaker 1: bring it promptly before the court above named. This warrant
• 49:49
  Speaker 1: shall be executed within seven days of issuance and it's
• 49:52
  Speaker 1: authorized for daytime service only. Pursuant to Idaho Criminal Rule 41,
• 49:57
  Speaker 1: daytime means the hours between 6 a.m. and 10 p.m.
• 50:01
  Speaker 1: local time and under the following special directions. This search
• 50:05
  Speaker 1: warrant is issued for a law enforcement purpose. eBay is
• 50:09
  Speaker 1: ordered to disclose the existence or contents of this search
• 50:12
  Speaker 1: warrant or the information furnished in response to the search
• 50:16
  Speaker 1: warrant for a period of one year or until further
• 50:20
  Speaker 1: ordered of the court. eBay shall disclose the described property
• 50:25
  Speaker 1: and information within 14 days of issuance. This was dated
• 50:30
  Speaker 1: on the 28th of November, and this was also signed
• 50:33
  Speaker 1: by Judge Megan Marshall. All right, folks, that's going to
• 50:36
  Speaker 1: do it for this one. All of the information that
• 50:39
  Speaker 1: goes with the episode can be found in the description box.