Published: Nov 12, 2013 4:12 PM EST
Updated: Nov 12, 2013 6:37 PM EST

LEE COUNTY, Fla.- Attorneys for a man accused of making and possessing child porn are asking a judge to throw out evidence.

Brian Harling's lawyer said deputies obtained USB drives, without a search warrant. The five drives contain hundreds of images of children engaging in sex acts. According to police, Harling is in some of them.

WINK News was first to report a tenant renting Harling's condo found the drives. His lawyers say handing them over to authorities violated Harling's Constitutional rights.