Published: Feb 27, 2014 4:25 PM EST

LEE COUNTY, Fla.- A Lee County judge has denied a North Fort Myers couple's motion to have evidence thrown out in a child pornography case against them.

Jennifer Sparks and Alan Johnson are accused of sexual battery on a child. The couple has admitted to making child pornography.

Their phone, containing child porn, was found outside a Cape Coral Walmart by an employee.

Their attorneys asked a judge to throw out those pictures as evidence, saying police didn't have a proper search warrant. The request was denied today.

The couple plead guilty to federal charges of producing child porn last month.