[inchcombec]

I noticed that too and agree entirely. There is absolutely nothing in the article that suggests this argument was actually made and rejected. At the end of the day, judges are people too and can't possibly have the entirety of all case law in their minds at all times. It is up to defense attorneys to research the case and bring up relevant arguments. I just can't see anything in the article that even suggests that the idea of a wiretap warrant being more appropriate was even discussed.