To prove child pornography, you have to prove the possessor knew what he had was indeed child porn. So, it was proper to use such a tool in this case. Rettenmaier, it was engaged in data recovery off the client computer. The company claims that in the case of Dr.
It's used to recover old files that have been deleted or damaged.Īs it turns out, Best Buy had a valid reason to run such a tool. Carving (or file carving) is defined as searching for files or other kinds of objects based on content, rather than on metadata. Plus, the file was found in the unallocated 'trash' space, meaning it could only be retrieved by 'carving' with sophisticated forensics tools. Rettenmaier's defense attorney, agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant for his home, then tried to cover up their misdeeds by initially hiding records. The FBI has pretty much guaranteed the case will be thrown out by its behavior, this illegal search aside.
