Michael Joseph Gasper v. Wisconsin

This is a Fourth Amendment warrantless search case arising in the context of private cellphone cyberdata. Question 1. Whether a person is entitled to a constitutionally protected “reasonable expectation of privacy” in data uploaded from their privacy protected cellphone to their remote private Electronic Service Provider (ESP) account (i.e., “the Cloud”). Question 2. Whether warrantless viewing by law enforcement of a previously unviewed virtual computer scan “CyberTip” provided to the National Center for Missing and Exploited Children (NCMEC) by a commercial ESP violates the Fourth Amendment and does not fall within the “Private Search” exception to the Fourth Amendment. Question 3. Whether the “Good Faith Exception” to the exclusionary rule applies to obviate an otherwise unconstitutional violation of the Fourth Amendment warrant requirement by law enforcement’s warrantless viewing of a person’s privacy protected cyberdata uploaded from their cellphone to their remote ESP account.