Think of it this way. If the janitor wasn’t into child porn, the “Geek Squad” people would still have been rummaging through his personal files. Are you okay with that?
this is in now way an illegal search.
"here, take my stuff and fix it, but don't look at it!"
The expectation of privacy ends where? The man was no longer in possession of his data, in essence, he handed it to someone else.
A car mechanic finds a stash of child porn pics in the trunk of a car as he replaces a burnt out tail light. By your standard he shouldn’t report it?
Not really but the Geek Squad is never going to have a chance to go through my personal files because I am my own geek squad.
If the PC were sent in to have Office installed, I’d agree with you, but the task at hand was data recovery, so it would seem reasonable to look at at least a representative sample to see if it was in fact getting recovered. If they stumbled on evidence of illegal activity in the process of doing an otherwise reasonable inspection, I don’t think it wrong that they should turn it over to the cops.
First, the Constitution is an agreement between the government and the governed. The Constitution is not a code of conduct between private citizens. This is not a Constitutional issue.
Second, when you give your files, computer or otherwise to someone else, you should assume that you have no privacy interest in those files, unless you have a specific non-disclosure agreement with that party. Why do you think there is so much litigation and so many rules governing your medical records.
Finally, the devastating damage that is done to your privacy every day by insurance and credit companies makes this pale in comparison. If the government continues to make inroads into governing health care, then we will have a Constitutional Issue.