Judge to decide if seized evidence will be allowed in Ross Harris trial

Judge to decide whether to allow evidence in Ross Harris case.

COBB COUNTY, Ga. -- A judge must now decide if electronic evidence against Ross Harris will be allowed in his trial.

Harris faces multiple charges, including malice murder, felony murder and cruelty to children, in the June 2014 hot car death of 22-month-old Cooper.

For three days this week, Harris' attorneys argued that investigators trampled over Harris' Fourth Amendment rights when they seized his telephone and computers. 

After Harris discovered his son dead in the backseat of his SUV, police said he was belligerent and wouldn't get off of his cell phone. They placed him in handcuffs and took the phone. 

Harris' attorneys said they had not right to take the phone as Harris was a grieving father -- not a suspect -- at that point. 

Attorneys argued the more than 30 search warrants to look inside another phone and Harris' computers that followed were illegal. 

In day one of hearings Monday, Harris' attorneys described search warrants obtained by the Cobb County Police Department as "a fishing expedition." Those warrants produced many of the high-profile pieces of evidence in this case. 

Prosecutors argued that police officers were acting reasonably, expeditiously and prudently in the investigation of Cooper Harris' death.

Investigators said they found that Harris had been sexting with an underage girl on the day that Cooper Harris died. They also said that Ross Harris had researched hot car deaths and had visited a "child free" website.

The trial is set to begin Feb. 22. A final pretrial hearing is slated for Jan. 22. 

WATCH: Former prosecutor Jill Polster discusses the hearing





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