> If they have a warrant to the phone, what is poisoned fruit?
Litigation over the process, claims, and ultimately validity of the warrant happens after it is executed, where the product is used in a criminal case (one of the commonly argued problems with the FISA warrant process is that, because the products are not used in criminal cases, this never occurs, and because it is known that it will never occur, the constraints that the possibility of challenge places on both the conduct of executive agents seeking warrants and judges granting them also is missing.)
Litigation over the process, claims, and ultimately validity of the warrant happens after it is executed, where the product is used in a criminal case (one of the commonly argued problems with the FISA warrant process is that, because the products are not used in criminal cases, this never occurs, and because it is known that it will never occur, the constraints that the possibility of challenge places on both the conduct of executive agents seeking warrants and judges granting them also is missing.)