USA v. Kevan Carter Gibbs, II
Split Score
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Case Summary
Disposition
Reversed
The Eleventh Circuit reversed the district court’s suppression order, holding that although the warrant affidavit was thin, it contained enough indicia of probable cause to justify the officer’s objectively reasonable reliance and therefore the Leon good-faith exception applied. The panel (Judge Brasher, joined by Judge Newsom) remanded for further proceedings, concluding that evidence obtained from the defendant’s cloud account and subsequent searches is admissible.
Circuit Split Identified
Legal Issue
Whether law-enforcement officers may, without a new warrant, open and examine digital files referenced in a NCMEC CyberTip under the private-search doctrine.
Circuit Positions
Warrantless government examination of CyberTip files permissible under private-search doctrine
Officers must obtain a warrant (or remain strictly within scope of the private search) before viewing CyberTip files
Issue noted but position not yet decided
Conflict Summary
The Fifth and Sixth Circuits have held that officers may view or download files identified by an electronic service provider and forwarded through a CyberTip without first obtaining a warrant because the private-search doctrine eliminates any reasonable expectation of privacy, whereas the Second and Ninth Circuits require officers to secure a warrant (or limit their inspection to exactly what the private actor already saw) before examining the files. The Eleventh Circuit acknowledged the disagreement but did not reach the issue in this opinion.