Over an evidence in his child pornography case, Josh Duggar‘s defence team has found itself again in back-and-forth with prosecutors. After his arrest on charges of receiving and possessing child sex abuse material, Duggar, on September 10, pleaded the court to suppress the photographs of his hand taken in jail. 

He claimed through the motion that it was a violation of his Fourth, Fifth and Sixth Amendment rights when they took the photos, showing a scar on one of his hands. The motion further said that law enforcement officials should have taken them after obtaining a warrant. 

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“What is particularly egregious about [Homeland Security’s] conduct in this capacity is that Duggar’s body parts were manipulated and he was required to pose for the photographs,” the motion states. “By any measure, this constitutes a search and an ‘intrusion on [his] personal rights’—all without his counsel present—in violation of his Fourth, Fifth, and Sixth Amendment rights.”

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The prosecution, however, wrote that “the defendant is incorrect on all counts” in response and asked the court to deny the motion. 

According to the document, the scar on his hand links him to “images recovered from [his] electronic devices” that were captured during the search. 

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It notes that the photographs do not “constitute an unreasonable or warrantless search of the defendant” because his hands were “in plain view and clearly visible.”

Prosecutors added that Josh Duggar “voluntarily consented” to having the photos taken. 

Their response further said “the display of a defendant’s physical characteristics,” such as a photograph, do not fall under the Fifth Amendment right against self-incrimination. As for the alleged Sixth Amendment violation — Duggar’s right to counsel — prosecutors say that that right only applies to “critical stages of criminal proceedings,” under which taking photographs does not fall. 

A court hearing is scheduled for October 4.