Published: Feb 05, 2014 7:06 AM EST
Updated: Feb 05, 2014 7:24 AM EST

Fort Myers, Fl - Alan Johnson and Jennifer Sparks were in a Lee County courtroom on Tuesday. The couple's attorneys asking Judge Bruce Kyle to toss out key evidence, a series of photos of nude and semi-nude children. The images, found on a cell phone are at the center of child pornography charges against the couple. Investigators say the child depicted in many of the photos is a 4 year old the couple was caring for. Sparks and Johnson appearently left the cell phone in a shopping cart at a Walmart back in 2012. A woman and her husband who found the phone and discovered the pictures turned the phone over to police. Attorneys argued police looked through the photos without a search warrant and therefore the evidence should be thrown out. The couple has already plead guilty to Federal child porn charges and could face up to 30 years behind bars in that case. If convicted, the State charges carry a life sentence.