According to the attorney for the former Middlesboro firefighter currently facing federal child pornography charges, he is seeking to have evidence against him thrown out.

An investigation was launched by police after a child reported that 34-year-old Robert Christopher England had exposed himself in a Walmart restroom.

After questioning by police, England’s co-workers reported that it appeared England was deleting items from his work computer. Police then received permission from the mayor and the fire chief to examine the computer and allegedly found child pornography.

In a motion that was filed Friday, England’s attorney argues that evidence should be thrown out because his client never consented to police examining the computer.

It is now up to a judge to determine if the evidence will remain in the case or be thrown out.

WLEX contributed information to this story.