That might be the next case if the person being prosecuted is right and wins, and the law gets tightened as a consequence. But for now,(s)he`s apparently contesting the charge on the basis the evidence was illegally obtained in an illegal search. If you are charged with something it`s open to take whatever legal points you can find.
Whether the person charged is right or wrong I`ve no idea, but surprising things can happen when the prosecution is put to prove the offence.
I mostly worked on the prosecution side of things, but during my extremely short career as a criminal defense attorney, I was assigned to assist a public defender on a murder case where the defendant had been held without bail for eighteen months while the public defender and prosecutor negotiated over an appropriate sentence.
After reading the file for a few days, and seeing nothing in it that made me even slightly think the defendant was guilty (and, who had steadfastly maintained that he was not anywhere around the scene of the murder, but rather was thirty miles away with an alibi of a very neutral party), I convinced the defendant to go to trial.
The prosecutor continued to tell us what a huge mistake we were making. Right up until the point the jury we had selected was seated and he was about to call his first witness. At that point, the prosecutor asked for a conference with the judge, in which he informed everyone that he wished to drop all the charges.
That anecdote about how great I am aside, our criminal justice system, while still one of the best in the world on paper, is at this point in our actual usage, completely overwhelmed, and broken operationally. People blame the police, for enforcing laws that should have never passed any type of serious constitutional debate in the first place.
The blame is with our court system, where it has become cheaper to plead gulity, and pay a fine for something you didn't do, or that constitutes, or is the result of, an improper action by the state, than to fight it through the court system, and win.
It hasn't always been that way. The case law books of prior court opinions are filled with incidents of normal people fighting improper government overreach and winning in years past. Not any more. It simply costs too much today and that check and balance is pretty much gone.
Look at the anchoring rights case in Marco Island as a good example of accused citizen empowerment through challenge and appeal, that used to happen a lot, but rarely does now.