the implications at the end are really lame. "the phone may have received sms after the judge issued the order" like that would be held in court for anything?

the implications at the end are really lame. "the phone may have received sms after the judge issued the order" like that would be held in court for anything? let's thing analogically: would a mob king be freed if a judge authorized a safe with evidence to be opened on the 4th but it was only opened on the 7th, and new evidence was put into the safe by other agents on the 6th?