Attorney Mark Quigley filed a motion in Superior Court in Pierce County Washington to suppress evidence.
Last summer Steve Powell’s home was the focus of the search warrant.
Susan Powell disappeared from her West Valley home in December 2009 and her husband Josh was considered a person of interest.
Josh Powell left West Valley with his two sons and moved in with his father, Steve.
According to court documents, West Valley police were looking for seven journals belonging to Susan.
And their request for the search warrant also included any video recordings where her writings may have been transferred.
Steve Powell's attorney now claims the video recordings police seized had nothing to do with the journals.
Those video tapes were the ammunition leading to felony charges of voyeurism and child pornography against Steve Powell.
Quigley, in his legal brief claimed the search warrant was nothing more than a "fishing expedition." and evidence from this "illegal search is tainted."
He’s asking the Washington state judge to hold a hearing to consider his request.