You could certainly raise that issue about this development.
So, they seized the package Monday night, pursuant to a warrant signed by a judge, after the defendant had appeared in court with counsel Monday morning. And now, of course, law enforcement “sources” are leaking the “chilling” content all over the place.
Do you think the warrant application was on notice to the defendant’s lawyers so that they could be heard on the issue? Doesn’t appear so from the article, but then I’ll just raise this as a question instead of jumping to conclusions like the law enforcement sources apparently do.
It’s sad that a judge was so heedless of making a big error, although it’s probably sadder that it won’t make any difference that he did.
Update: It seems Holmes’ attorneys got right on it. Good for them.