Attorneys for Ross Harris fighting to exclude evidence

COBB COUNTY, Ga. - A judge said it will be January before she decides if key evidence in the Ross Harris hot car death trial will be thrown out.

After 3 days of hammering the Cobb County Police officers who secured 30 search warrants in this case, defense attorney told the judge police trampled on their clients Fourth Amendment rights.

"They had had a theory and they wanted to go hunt and fish and troll to see whatever they could look into to fit a theory that they had," said defense attorney Bryan Lumpkin.

Prosecutors said Harris was uncooperative at the scene and made suspicious comments that lead to further investigation.

“Why was he on the phone and wouldn't get off, why was he cursing at police officers who were just doing their jobs, we have no apologies from the state, the detectives or the officers for wanting to know more," exclaimed prosecutor Jesse Evans .

Harris appeared in court this week for a motions hearing. He is accused of leaving his toddler to die in a hot car. He was back in court on Tuesday for the second day of his battle to get key evidence in his case thrown out.

All week, attorneys for Ross Harris tried to convince a judge that police didn't have legal warrants to search Ross Harris' cell phone, computers, home or office. Prosecutors said evidence shows Harris was sexting with a young woman while his son, Cooper, was dying in June of last year and that Harris did an internet search about hot car deaths.

However, defense attorneys said seeing something on the internet or watching a television news report is not research.

Defense attorney Bryan Lumpkin said police did not present the magistrate judge with probable cause for 30 warrants, but rather suspicions. He forced a detective to admit in some instances, the search was futile.

"You never found one single piece of evidence that supported the theory that Mr. Harris had intentionally done anything to harm his child? Through that computer, no I did not," Detective Shawn Murphy admitted.

Police said Harris was on the phone when police arrived on the scene, but had not called 911. They also said he was not on the phone with his wife.