Speaker 1: What's up, everyone, and welcome back to the program. In
this episode, we're gonna dive back in to those court
filings and take a look at the new Snapchat warrant
that has just hit the docket. So let's dive right
in Case number c R twenty nine DASH twenty two
DASH twenty eight oh five, the order to seal and
redact in the matter of the application for a search
Warrant four Snap Incorporated MPD Case number twenty two DASH
M zero nine nine zero three. This matter came before
the Court on April twenty eighth, twenty twenty three, on
the State's motion to seal or redact pursuing to I
dot S dot A dot R thirty two I. The
hearing was held via zoom. Ashley Jennings appeared on behalf
of the State, and Taylor Jay Lodgson and ALYSSA. Massof
appeared on behalf of mister Koberger. The Court reviewed the records,
consider the arguments presented way the interests in privacy and
public disclosure, and denounce its findings of fact on the record.
Therefore pursue it to I dot C dot A dot
R thirty two I two A and E and I
dot C. Seventy Foursh One twenty four b and D.
The Court finds it necessary to seal, in part and
redact the record related to the search warrant for the
following reasons. One the documents contain highly intimate facts or statements,
the publication of which would be highly objectionable to a
reasonable person. Two, the documents or materials contain facts or
statements that might threaten or endanger the life or safety
of individuals. Three it is necessary to temporarily seal or
redact documents or materials to preserve the right to a
fair trial. N Four the materials would disclose investigating techniques
and procedures. After due consideration and with good cause appearing,
it is hereby ordered that the record herein shall be
disclosed except for the following. One The affidavid in support
of search warrant is sealed. Two the search warrant and
receipt and inventory be redacted. Three. This order will remain
in effect until further order of the Court. This was
dated on the thirty first of May of twenty twenty three,
and it was signed by Judge Marshall. The next document
we have is the Order temporarily sealing the search warrant
and related documents in the matter of the application for
a search warrant four Stap Incorporated MPD Case number twenty
two M zero zero nine nine zero three, Based upon
the motion to seal search Warrant and related documents filed
here in, the Court does hereby confirm and order that
the affid david for search warrant, including any exhibits, search warrant,
return of search warrant including any exhibits and inventories of
items seized and order are confidential, exempt from disclosure, and
are sealed pursuant to Idaho Court Administrative Rule thirty two
g one for the reason stated in the said motion,
and until June one, twenty twenty three, or further order
of the Court, whichever occurs first. This was signed on
the eighteenth of April, and it was signed by Judge Marshall.
The next document is the Motion to temporarily seal search
warrant and related documents pending a hearing in the matter
of the application for a search warrant four Snap Incorporated
MPD Case number twenty two DASH M zero zero nine
nine zero three. The State of Idaho, by and through
the Layta County Prosecuting Attorney, respectfully moves the Court pursuing
to Idaho Court Administrative Rule thirty two g one and
Idaho Code seventy four Dash one twenty four, for a
temporary order sealing search warrant and related documents, including the
affid david for search warrant, including any exhibits, search warrant,
return of search warrant, including all exhibits of the inventories
of items seized, and order filed herein, because release or
disclosure would one interfere with enforcement proceedings, two deprive a
person of a fair right to a fair trial, three
constitute an unwarranted invasion of personal privacy, four disclose the
identity of a confidential source, and door five disclose investigative
techniques and procedures. Wherefore, the State respectfully praised that the
Court temporarily sealed from public disclosure the affidavid for search warrant,
search warrant, return of search warrant, including all exhibits, and
order here in under the provisions of Idaho Court Administrative
Rule thirty two g one and Idaho Code seventy four
one twenty four, pending a hearing on the matter respectfully
submitted this thirteenth day of April twenty twenty three, and
this was signed by Ashley Jennings. The next document we
have is the su in the matter of the application
for a Search Warrant four Snap Incorporated MPD Case number
twenty two M zero nine nine zero three in the
above titled matter, This Court having heretofore issued a search warrant,
and the said search warrant having been served according to law,
and the return of warrant having been duly made as
directed in said search Warrant to this Court, and a
written inventory of the property found and seized having been
duly made and taken before the undersigned Magistrate or Judge
and filed herein. Now Therefore, it is hereby ordered that
the said peace Officer shall deliver, or cause to be
delivered the property described in said inventory to the Moscow
Police Department or such other law enforcement agency as may
be appropriate for the purpose of preserving said property for
use as evidence, or until further order of a court
of competent jurisdiction, once any related criminal case had has
been concluded, including the expiration of time for appeal, or
at such other appropriate time, The property can be released
or disposed of upon authorization of jurisdictional prosecuting attorney. It
is further ordered that said property or any part thereof,
may be delivered to any person or laboratory or laboratories
for the purpose of conducting or obtaining any tests, analysis,
or identification of said property which is deemed necessary by
the custodial law enforcement agency or jurisdictional prosecuting attorney without
further order of this court. This was dated on April eighteenth,
and it was signed by Judge Marshall. The next document
we have is the return of the search warrant in
the matter of the application for a search warrant I
SNAP Incorporated MPD Case number twenty two M zero nine
nine zero three I Detective Lawrence Mawry, the officer by
whom this warrant was exit acuted to certify the appended
inventory contains a true and detailed account of all property
taken by me or other officers pursuing to this warrant,
and that this warrant and property have been duly returned
before Judge Meganie Marshall at one o'clock PM this thirteenth
day of April twenty twenty three, I certify, under penalty
of perjury pursuing to the law of the State of Idaho,
that the foregoing is true and correct. This was dated
on April thirteenth, twenty twenty three, and it was signed
by Officer Mariy. The next document we have is the
affid David of Lawrence Maury, I Lawrence Mariy, being duly
sworn to hereby state the following information is true and
correct to the best of my knowledge and belief. One
that I am employed by a Moscow Police Department in
the official position of forensic Detective. Two. Affidavid has been
a trained and qualified peace officer for twelve years. Three.
On March thirtieth, twenty twenty three, I obtained a search
warrant for Snapchat. Four. The warrant was served on April third,
twenty twenty three by the Law Enforcement Portal. Five. On
April twelfth, twenty twenty three, I received an email from
Snapchat which stated the files were available to download. Six.
On April thirteenth, twenty twenty three, I downloaded the data
files containing the requested information. Seven. An inventory was prepared
for all the items received, and eight the information received
was placed into evidence at Moscow Police Department. I certified declare,
under penalty of perjury pursuant to the law of the
State of Idaho, that the foregoing is true and correct.
Dated on the thirteenth of April and signed by Officer Mawriy.
Next document is the receipt and inventory of the warrant
in the matter of the application for a search Warrant
four SNAP incorporated on the third day of April twenty
twenty three, at approximately ten thirty six a m. Detective
Lawrence Mawori serve the search warrant heretofore issued upon the
place and or persons described therein as directed. Instead, search
warrant entrance was obtained by the law enforcement Portal. The
next section redacted. Then the next section the description of property.
We have xanaker noodle with identifier redacted, Kaylee Gonsalvez with
identifier redacted, Ethan Chapin with identifier redacted. Then we have
redacted with identify er redacted, another one redacted with identifier redacted.
Then the next entry is Madison Mogan with identifier redacted.
The next page is completely redacted except for the date,
which is April thirteenth, and the signature of Officer Mauuri.
The next document is the search warrant in the matter
of the application for a search Warrant four Snap Incorporated
MPD Case number twenty two dash M zero nine nine
zero three, Lawrence Mawry having given me proof upon oath
this day showing probable cause, establishing grounds for issuing a
search warrant, and probable cause to believe there is information
regarding the crime or crimes of homicide and burglary occurring
at eleven twenty two King Rhoad, Moscow, Idaho. Honor about
November thirteenth, twenty twenty two is on the following Snapchat
accounts between June twenty third, twenty twenty two and August first,
twenty twenty two. Xana Kernodle with identifier, Kelly Gonsalvez with identifier,
Ethan Chapin with identifier, Dylan Mortensen with identifier, Bethany Funk
with identifier Madison Mogan with identifier to include all subscriber
information including email address, phone number, display name, Snapchat creation date,
NIP address, timestamp and IP address, of account logins and
law lug outs, b all logs of previous snaps, stories,
and chats, C all location data for each Snapchat user. D,
All user content, including communications or other messages sent or
received by the accounts. E. All information about connections between
the accounts and third party websites and applications. F All
records pertaining to communications between Snapchat and any person regarding
the user or the user's Snapchat accounts, including contacts with
support services. And all records of actions taken, including suspensions
of the accounts. Which is stored at premises owned, maintained, controlled,
or operated by Snapchat. You are therefore commanded to search
the above described premises for the property described above, to
seize it, if found, and bring it promptly before a
court named above. This warrant shall be executed within fourteen
days of issuance and is authorized for daytime service only,
pursuing to Idaho Criminal Rule forty one. Daytime means the
hours between six am and ten pm Pacific Standard time,
and under the following directions, snap Incorporated shall disclose the
described property and information within fourteen days of issuance. Given
under my hand and dated this thirtieth day of March
twenty twenty three, and this was signed by Judge Marshall.
The next document we have is the Order for extension
to return the search Warrant in the matter of the
application of the search warrant for Snap Incorporated Mpdkse Number
twenty two M zero nine nine zero three. The above
matter having come before the Court based upon the motion
of the State and good cause appearing, it is hereby
ordered that the time for which the above reference search
warrant shall be returned is extended to May fourth, twenty
twenty three. So ordered this thirteenth day of April, and
signed by Judge Marshall. The next document is the Motion
for extension to return the search Warrant in the matter
of the application for a search warrant I Snap Incorporated
MPD Case number twenty two DASH M zero nine nine
zero three. The State of Idaho, by and through Ashley S.
Jennings leta County Senior Deputy Prosecuting Attorney, moves this Court
for an order extending the time for returning the above
referenced search warrant, which was issued on the thirtieth day
of March twenty twenty three. The search warrant was directed
by the Court to be served within fourteen days of
issuance during business hours. The warrant was served by Detective
Lawrence Mawory on the third day of April twenty twenty
three by Portal. However, as of this date, the information
has not been received. Although the warrant was executed within
fourteen days time frame directed by I dot C. Nineteen
forty four twelve, the State is not able to comply
with the time frame within which to return the warrant
and provide a written inventory. Accordingly, the State request an
extension of time for the return of the search warrant
respectfully submitted this eighth day of April twenty twenty three,
and this was signed by Ashley Jennings. All Right, folks,
that's gonna do it for this one. All of the
information that goes with the episode can be found in
the description box.