A trial will go on as planned on May 7.
Steven Powell's attorneys argued Monday that police did not have probable cause to get a warrant for the journals because some of the entries predated Susan's marriage to Josh Powell.
Judge Ronald Culpepper ruled that because Steven and Josh showed the journal on national television they created probable cause and practically invited police to obtain them through a search warrant.
The judge also said "it was very reasonable to infer that Josh and Steven discussed the disappearnce" of Susan, and that he conspired with his father to create an alternative reality into the reason for Susan's disappearance.
Susan's father, Chuck Cox says the ruling gets them closer to finding her.
"Every step in this process reduces Steve's options and as those are reduced hopefully it will motivate him to tell us where Susan really is," Cox says.
In fact, attorneys on both sides will be back in the same Washington courtroom for a status hearing Wednesday. If there's any discussion of a plea bargain it may be revealed then.
Susan Powell has been missing since December of 2009 from her West Valley City home in Utah.
Josh Powell moved in with his father in Washington shortly after his wife disappeared.
Josh Powell killed himself and the couple's two young sons in a fiery explosion in early February.
Steven Powell was arrested and charged with multiple counts of voyeurism and child pornography after police found photographic and video evidence during a raid at his home.
Stay tuned to ABC 4 News and ABC4.com for more on this story.