Yes, but at this point there's no proof that the server belongs to him so the judge can't throw it out because he has no standing to challenge it's admissibility in the trial. I don't think that this precludes it from being thrown out on appeal or later in the trial but the motion to dismiss before the judge couldn't go through. What the judge ruled right now is just about the pretrial motions to dismiss. I'm not well versed enough in the legal system to say if this is prejudicial against it later being found to have violated his 4th amendment rights, judges can strike evidence from the record at later points though.