I thought you weren’t allowed to just try to get another warrant if you took something without a warrant?
Yeah, I’m pretty sure that is not how things are supposed to work in this country. You screw up a warrant, and everything you seized is inadmissible, no matter if you get a “good” warrant later on.
First question to ask - is it a bench or jury trial?
If it is a jury trial, have they empaneled jurors?
If it is a bench trial, has it begun trial proceedings?
Was the 2nd warrant issued before the jury empaneling or trial began?
If the second warrant was issued before the empanelment or trial start, then it is legal (Basically, they can do over if proceedings haven’t started yet). If not issued before either jurors have been empaneled or the bench trial has started, Double Jeopardy would be applicable. This would make the second warrant illegitimate, make the phone and its contents inadmissible and trigger Double Jeopardy protection.