PEABODY, Mass. (AP) — The lawyer for a man charged with killing a couple in a Massachusetts home argues that nearly all the evidence in the case should be thrown out because it was obtained during an illegal police search.

Wes Doughty’s attorney said in a motion filed last month that police only found the bodies of Mark Greenlaw and Jennifer O’Connor in the Peabody home during a second search.

The defense argues the second search was not permissible under the Fourth Amendment, unlike the first “emergency search.”

Prosecutors say Doughty killed Greenlaw and O’Connor shortly after they moved in because he thought Greenlaw was cutting in on his drug business. He’s charged with two counts of first-degree murder.

The Salem News reports a hearing on the motion is scheduled for June 15.

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