In a criminal case, most lawyers need to figure out what motions to file. A big part of this is to sit down with the government’s evidence and try to figure out what parts of the government’s case came from something that violated the constitution.
It’s frustrating when some part of the evidence came from a search warrant – challenges to search warrants are tricky, because a judge already signed off on the warrant. It’s not to say it can’t be done, it’s just different than challenging, say, if the FBI ran into a client’s office and took a bunch of stuff without a warrant.
Sometimes you can challenge a warrant if the affidavit in support of the warrant clearly didn’t establish probable cause to think there was going to be evidence where the cops searched.