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A comment on Judge Rejects Defense That FBI Illegally Hacked Silk Road, on a Technicality. Parent comment

Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road... by bd_at_rivenhill on Saturday October 11, 2014 @11:37AM (#8442393)
Seems like it should be possible for the defense to argue that the prosecution must stipulate that the server was his property, in which case his rights were violated, or that the prosecution must stipulate that it was not his property and that they have no case against him. What is wrong with this argument in a legal sense?
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