> Given that the file in question was in the deleted free space, the technician didn't just stumble into it accidentally and then report it That's not necessar

> Given that the file in question was in the deleted free space, the technician didn't just stumble into it accidentally and then report it That's not necessarily true: > Prosecutors said that the Geek Squad technician who searched the unallocated space was merely trying to recover all the data Rettenmaier had asked to be restored. So in this case it sounds like the reason Best Buy had the hard drive in the first place was to recover other (possibly deleted) files on the disk. In such a scenario it seems totally plausible that they might stumble across other, more incriminating deleted files as part of the recovery process.