Phantasy Star: Fringes of Algo

This story is a little more than a month old, but just recently made the rounds on the national news networks. In Florida, police executed a search warrant on a man's home, looking for drugs and weapons. While some of them were searching the place and seizing property like flat screen TVs, others decided to play Bowling on his Wii. What they didn't know was that a camera in the house recorded the whole thing. Here's a news item from the local TV station.

So, the guy is already in jail waiting trial or whatever, and the officers involved already confessed and have been reprimanded for it. But, do you think this will impact the trial much? You can see in that article that an attorney has already posed the idea that using the Wii counts as seizing it and makes the whole search illegal. Do you agree with that?