The former Radford University professor facing more than one hundred charges, the vast majority of the charges dealing with child pornography, accused police of illegally searching his home back in December.
Attorneys for Taj Mahon-Haft told Radford circuit court judge Joey Showalter this afternoon that two Radford police officers had no right to enter Mahon-Haft's home after finding nothing but an open door.
Judge Showalter heard testimony from a contractor working on a neighbor's home that he called a police friend after noticing Mahon-Haft's side door had been left open for several hours.
The two officers who responded to the home also testified.
Both officers said, given the facts the door was wide open, no one was answering their calls to come to the door, and there was at least one kitchen cabinet left open, they felt like they had enough reason to go ahead and enter the home.
Both said they thought the home might've been burglarized.
Both officers also said the time of year factored in their decisions.
It was December 22, 2012.
Both officers testified that Radford traditionally sees a huge uptick in burglaries after Radford University students leave for Christmas break.
Judge Showalter told Mahon-Haft's defense team, and Radford commonwealth's attorney Chris Rehak, to write briefs on their legal arguments in the case, meaning he did not rule at the conclusion of the hearing.
Judge Showalter told the defense team to have its brief finished by August 9th.
He gave Rehak an August 22nd deadline.
Judge Showalter also set a trial date for October 2nd through the 4th.
It will be a jury trial.