Now that we are in the post-indictment pre-trial stage of criminal trials, keep this in mind:

Defendants file lots of motions. They try lots of things. They generally fail, but a defense attorney has a duty to provide a robust defense.

Also, defendants in criminal trials are given more leeway to make arguments that are a bit of a stretch because of what is at stake in a criminal trial (the government against an individual, potential loss of Constitutional rights, etc.).