Q: What defense can b used for a possible illegal search?
If someone asks to have two specific file types: .mp3 and .doc, to be recovered from a broken hard drive and is later arrested for the discovery child pornagraphy, would that be considered a violation privacy by the vendor performing the recovery? The only files to search and recover should be limited to the request yes?
A: It might be a violation of privacy, but it is no basis to exclude the evidence in a criminal case that may result from the vendor reporting such images to law enforcement. You can only suppress evidence that is obtained through an illegal search BY A STATE ACTOR. The Constitution essentially doesn't apply to actions by private individuals; only those from the agents of the state / government. The only way you would be able to suppress evidence in this case is if the vendor was searching at the behest of law enforcement or other government official.
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