[The hard drive was searched, and...] After incriminating emails were uncovered
through that process, the agent sought and obtained a warrant based upon the
content of the emails to conduct the search of the hard drive that had already
been completed and to seize the emails that had already been reviewed. Those
mails now form a part of the basis of this prosecution, and Kim moves to
suppress that evidence, arguing that his rights under the Fourth Amendment of
the Constitution have been violated.
Isn't that post-facto application for a warrant precisely an admission that the initial search was illegal?
