My argument against the prosecution was the one used by the Judge. See e.g. the discussion of the FBI's arrest: In a 71-page opinion, Justice Ronald A. Zweibel

My argument against the prosecution was the one used by the Judge. See e.g. the discussion of the FBI's arrest: In a 71-page opinion, Justice Ronald A. Zweibel of State Supreme Court in Manhattan ruled that the F.B.I. “did not have probable cause to arrest defendant, let alone search him or his home.” The arrest was “illegal,” Justice Zweibel wrote, and Mr. Aleynikov’s “Fourth Amendment rights were violated as a result of a mistake of law.”