Durst lawyers: FBI illegally searched New Orleans hotel room

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Robert Durst Tries to Quash Arrest for 'Illegal' Search

NEW ORLEANS (AP) -- Millionaire real-estate heir Robert Durst returns to court Thursday, where his attorneys planned to argue that the FBI searched his room illegally and police covered this up in statements used to get an arrest warrant on Louisiana weapons charges.

Durst has waived extradition to Los Angeles, where he faces a murder charge. His lawyers say they want to get him there to fight that charge.

He was scheduled for a hearing Thursday before Magistrate Harry Cantrell on charges of possessing a firearm after a felony conviction and illegally possessing a firearm along with an illegal drug.

In a motion filed Tuesday, Durst's attorneys argue that FBI agents "rummaged" through the 71-year-old man's hotel room without a warrant before he was arrested.

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Durst lawyers: FBI illegally searched New Orleans hotel room
FILE - In this Tuesday, March 17, 2015, file photo, Robert Durst is transported from Orleans Parish Criminal District Court to the Orleans Parish Prison after his arraignment in New Orleans. The whispered words of Durst recorded in an unguarded moment in a bathroom could come back to haunt him - or help him - as he faces a murder charge. A possible move by prosecutors to introduce the incriminating material from a six-part documentary on his strange life and connection to three killings could back fire as interview footage did in the Michael Jackson molestation trial and the Robert Blake murder case. (AP Photo/Gerald Herbert, File)
FILE - In this Tuesday, March 17, 2015, file photo, Robert Durst is escorted into Orleans Parish Prison after his arraignment in Orleans Parish Criminal District Court in New Orleans. The whispered words of Durst recorded in an unguarded moment in a bathroom could come back to haunt him - or help him - as he faces a murder charge. A possible move by prosecutors to introduce the incriminating material from a six-part documentary on his strange life and connection to three killings could back fire as interview footage did in the Michael Jackson molestation trial and the Robert Blake murder case. (AP Photo/Gerald Herbert, File)
Robert Durst is escorted into Orleans Parish Prison after his arraignment in Orleans Parish Criminal District Court in New Orleans, Tuesday, March 17, 2015. Durst was rebooked on charges of being a convicted felon in possession of a firearm, and possession of a weapon with a controlled dangerous substance, a small amount of marijuana. (AP Photo/Gerald Herbert)
A car passes the building where millionaire Robert Durst lives hours before police began a search Tuesday, March 17, 2015, in Houston. Durst, 71, is charged with murder in a Los Angeles killing 15 years ago, and has been suspected — but never charged — in the disappearance of his first wife in New York. (AP Photo/Pat Sullivan)
FILE - In this Tuesday, March 17, 2015 file, Millionaire Robert Durst is escorted from Orleans Parish Criminal District Court to the Orleans Parish Prison after his arraignment in New Orleans. Durst is going back to court in New Orleans after nearly a week in a prison mental ward 70 miles away. At a preliminary hearing on weapons charges on Monday, March 23, his lawyers planned to argue that the 71-year-old Houston man should be released because he was illegally arrested on those charges and a Los Angeles County warrant accusing him of murdering a female friend. (AP Photo/Gerald Herbert, File)
Robert A. Durst's attorneys including Dick DeGuerin, center, and William P. Gibbens, second left, speak briefly after leaving Orleans Parish Criminal District Court in New Orleans, La. Monday, March 16, 2015, after a hearing for Durst's extradition to Los Angeles to face a 15-year-old murder charge. Durst is charged in the shooting death of Susan Berman, a mobster's daughter who acted as his spokeswoman. (AP Photo/Matthew Hinton)
Robert Durst is escorted from Orleans Parish Criminal District Court to the Orleans Parish Prison after his arraignment in New Orleans, Tuesday, March 17, 2015. (AP Photo/Gerald Herbert)
Robert Durst is escorted from Orleans Parish Criminal District Court to the Orleans Parish Prison after his arraignment in New Orleans, Tuesday, March 17, 2015. Durst was rebooked on charges of being a convicted felon in possession of a firearm, and possession of a weapon with a controlled dangerous substance, a small amount of marijuana. (AP Photo/Gerald Herbert)
BEVERLY HILLS, CA MARCH 16, 2015: Robert Durst, wealthy NY real estate heir, has been arrested in connection with the murder of his friend Susan Berman. The crime allegedly was commited by Durst inside this home in Beverly Hills in 2000. A camerman films the exterior of the home. (Francine Orr/ LA Times via Getty Images)
NEW ORLEANS, LA - MARCH 14: (EDITOR'S NOTE: Best quality available) In this handout provided by the Orleans Parish Sheriffs Office, OPSO, Robert Durst poses for a mugshot photo after being arrested and detained March 14, 2015 in New Orleans, Louisiana. Family member of a prominent New York City real estate empire and subject of a HBO series, Durst has been arrested on a first-degree murder warrant issued by police in Los Angeles related to the death of his friend, Susan Berman. (Photo by Orleans Parish Sheriffs Office via Getty Images)
FILE - In this Aug. 15, 2014 file photo, New York City real estate heir Robert Durst leaves a Houston courtroom. Durst was arrested in New Orleans on an extradition warrant to Los Angeles on Saturday, March 14, 2015. (AP Photo/Pat Sullivan, File)
Defendant Robert Durst during his trial Tuesday, Oct. 14, 2003, in Galveston, Texas. Durst was arrested two years ago and charged with the murder and dismemberment of his neighbor. (AP Photo/Pat Sullivan)
The director of HBO’s docu-series “The Jinx: The Life and Deaths of Robert Durst” discusses the shocking final moments of the show’s finale.
Defendant Robert Durst during his trial Friday, Oct. 3, 2003, in Galveston, Texas. Durst was arrested two years ago and charged with the murder and dismemberment of his neighbor. (AP Photo/Pat Sullivan)
During the final episode of HBO's 'The Jinx,' Robert Durst was accidentally recorded saying he 'killed them all, of course.'
A black limousine leaves the Federal Correctional Institution (FCI) in Fairton, N.J., Friday, July 15, 2005. The limousine may be carrying millionaire real estate heir Robert Durst, who was released after serving 5 1/2 months at the FCI for taking a gun across state lines while a fugitive. He was acquitted of murder in 2003 of the killing of a neighbor in Texas whose body he admitted dismembering. (AP Photo/Tim Larsen)
New York multi-millionaire Robert Durst, left, and his attorney Chip Lewis react to the $2 billion bond set on Durst's bond jumping charges by Judge Susan Criss Wednesday, Dec. 3, 2003, in Galveston, Texas. Durst was acquitted last month of murder charges but remains jailed on the bond jumping. (AP Photo/Pat Sullivan)
Multi-millionaire murder defendant Robert Durst is escorted from the courtroom after being found not guilty Tuesday, Nov. 11, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon was accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. He still faces two more charges. (AP Photo/Pat Sullivan)
Robert Durst, a member of one of New York's wealthiest families and the subject of an HBO documentary, could face charges over a 15-year-old murder.
**RETRANSMITTED FOR ALTERNATE CROP** Multi-millionaire murder defendant Robert Durst, right, is congratulated by one of his attorneys, Mike Ramsey, left, after receiving a verdict of not guilty Tuesday, Nov. 11, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon was accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
Robert Durst is escorted into the courtroom for a parole revocation hearing held by the Texas Board of Pardons and Paroles, Friday, Jan. 13, 2006, in Houston. The parole officer for the New York real estate heir acquitted of murdering his Galveston neighbor recommended the eccentric millionaire be housed in a prison facility for parole violators after he made unscheduled trips to Galveston and Houston that were against the terms of his release. (AP Photo/David J. Phillip)
Fugitive murder suspect Robert Durst, the estranged scion of one of New York's wealthiest real estate families, is shown in a police booking photo Friday, Nov. 30, 2001, in Hanover Township in Bath, Pa. Durst was arrested Friday after shoplifting Band-Aids and a sandwich at a supermarket near Route 22, an east-west highway that leads to New York. Durst, who was suspected in his wife's disappearance 19 years ago, became a fugitive after being charged in October with murdering his 71-year-old neighbor, whose dismembered body parts were found dumped in Galveston Bay in Galveston, Texas. (AP Photo/Colonial Regional Police)
New York real estate heir Robert Durst, center, is escorted by Northampton County Deputy Sheriff's Dave Falco, rear left, and Keith Border, center rear, as they walk towards a Northampton County Courtroom before a hearing advising Durst of his rights under extradtion laws Monday, Dec. 3, 2001, in Easton, Pa. Durst, on a suicide watch at the Northampton County prison where he awaits extradition to Texas on charges he dismembered an elderly neighbor, is to be evaluated by a psychiatrist Wednesday, his lawyer said Monday. Durst's attorney, John Waldron, is seen at right. (AP Photo/Robert Fish)
Daily News front page December 1, 2001, Headline: NABBED - Millionaire murder suspect Robert Durst caught stealing sandwich (Photo By: /NY Daily News via Getty Images)
Daily News page 8 and 9, November 11, 2000, Headline: Trial heats up in missing wife mystery - Cops shake the dust off '82 Durst case. By a stone cottage in northern Westchester, the pieces of an 18-year-old mystery, the celebrated disappearance of Kathleen Durst are slowing being put together. After more than a decade of inactivity, state police investigators have reopened the Durst case, chasing leads that again focus suspicion on her wealthy husband, real estate heir Robert Durst, law enforcement sources told the Daily News.(Photo By: /NY Daily News via Getty Images)
Daily News front page February 9, 1982, Headline: WIFE MISSING; 100G REWARD - Real estate tycoon's son asks for search - Medical student Kathleen Durst, wife of real estate tycoon Robert Durst and daughter-in-law of Seymour Durst, has been missing since Jan. 31, and the family has offered a $100,000 reward for information. She was last seen at her Riverside Drive apartment house. (Photo By: /NY Daily News via Getty Images)
UNITED STATES - CIRCA 2000: Robert Durst of the Durst Organization, Inc., 133 6th Ave., New York City. (Photo by Bill Turnbull/NY Daily News Archive via Getty Images)
UNITED STATES - FEBRUARY 20: Robert Durst of the Durst Organization, Inc. (Photo by Bill Turnbull/NY Daily News Archive via Getty Images)
Robert Durst looks around the courtroom after the jury retired for deliberations in his murder trial Wednesday, Nov. 5, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon is accused of killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
Multi-millionaire murder defendant Robert Durst wipes his eyes midway through the afternoon of testifying in his own behalf Thursday, Oct. 23, 2003, in Galveston, Texas. The son of a New York City real estate tycoon, Durst is accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
New York real estate heir Robert Durst leave's a Northhampton County Courtroom after a hearing advising him of his rights under extradtion laws Monday, Dec. 3, 2001, in Easton, Pa. Durst, on a suicide watch at the Northampton County prison where he awaits extradition to Texas on charges he dismembered an elderly neighbor, is to be evaluated by a psychiatrist Wednesday, his lawyer said Monday. (AP Photo/Robert Fish)
Multi-millionaire murder defendant Robert Durst testifies during the prosecutions' cross examination Monday, Oct. 27, 2003, in Galveston, Texas. The son of a New York City real estate tycoon, Durst is accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
Robert Durst waived extradition Monday morning during a court appearance in New Orleans. He is expected to be sent to Los Angeles to face murder charges.
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Orleans Parish district attorney's investigator Jim O'Hern testified at Durst's bail hearing that he helped Los Angeles detectives get the warrant on which Durst was arrested early March 15, a Sunday. An FBI agent had inventoried Durst's belongings in his hotel room the afternoon of March 14 and a judge signed the warrant about 2 a.m. the next day, he said.

The affidavit used to get the warrant states Los Angeles police and New Orleans prosecutors got a warrant, then searched the room and found the gun and drugs, according to the Tuesday motion.

Durst was arrested last month at the J.W. Marriott hotel in New Orleans. Items recovered from his hotel room included a revolver and about 5 ounces of marijuana, according to court records.

A sworn statement supporting the warrant "contains a material misrepresentation designed to cover up the FBI's unlawful, warrantless search of Mr. Durst's hotel room," according to a copy of the motion provided to The Associated Press by Durst's lawyers.

Durst's attorneys also have asked the judge to subpoena Fox News Channel's Jeanine Pirro, a former New York prosecutor who investigated Durst in connection with the disappearance of his first wife in 1982, and all video surveillance for March 14 and 15 from the Marriott and Los Angeles Police Department.

Los Angeles police, who have a warrant accusing Durst of killing his friend and spokeswoman Susan Berman in 2000 to keep her from talking to Pirro's investigators, and the FBI did not immediately respond to requests for comment Wednesday. Louisiana State Police referred requests for comment to the Orleans Parish District Attorney's Office. That office does not comment on open cases or investigations, spokesman Chris Bowman said.

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Robert Durst bizarre/crazy pics (no vid plz)
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Durst lawyers: FBI illegally searched New Orleans hotel room
Photo courtesy HBO
Murder defendant Robert Durst smiles for the camera at the end of the day's testimony in his murder trial in Galveston, Texas, Thursday, Sept. 25, 2003. Robert Durst, the New York real estate heir who cut up his neighbor's dead body and then dumped it in Galveston Bay, completes his parole on Wednesday and wants to get away from the spotlight, his lawyer said Monday, Nov. 27, 2006. (AP Photo/LM Otero)
Photo courtesy HBO
Robert Durst is transported from Orleans Parish Criminal District Court to the Orleans Parish Prison after his arraignment in New Orleans, Tuesday, March 17, 2015. Durst was rebooked on charges of being a convicted felon in possession of a firearm, and possession of a weapon with a controlled dangerous substance. (AP Photo/Gerald Herbert)
Multi-millionaire murder defendant Robert Durst reads the book "Hurry Home Candy" while the jury continues deliberation Monday, Nov. 10, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon is accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
Multi-millionaire murder defendant Robert Durst leans forward in order to hear a question from prosecutor Joel Bennett during cross examination, Monday, Oct. 27, 2003, in Galveston, Texas. The son of a New York City real estate tycoon, Durst is accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
UNITED STATES - NOVEMBER 30: Fugitive murder suspect Robert Durst, the estranged scion of one of New York's wealthiest real estate families, is shown in a police booking photo Friday, Nov. 30, 2001, in Hanover Township in Bath, Pa. Durst was arrested Friday after shoplifting Band-Aids and a sandwich at a supermarket near Route 22, an east-west highway that leads to New York. Durst, who was suspected in his wife's disappearance 19 years ago, became a fugitive after being charged in October with murdering his 71-year-old neighbor, whose dismembered body parts were found dumped in Galveston Bay in Galveston, Texas. (Photo by NY Daily News Archive via Getty Images)
Accused murderer Robert Durst looks back toward the public gallery and smiles during his trial Wednesday, Oct. 1, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon is accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. (AP Photo/Pat Sullivan)
New York City real estate heir Robert Durst leaves a Houston courtroom Tuesday, Sept. 16, 2014. Durst is charged with criminal mischief for urinating on a counter at a Houston drug store, his hearing has been reset for next month. (AP Photo/Pat Sullivan)
Multi-millionaire murder defendant Robert Durst is escorted from the courtroom after being found not guilty Tuesday, Nov. 11, 2003, in Galveston, Texas. The cross-dressing son of a New York City real estate tycoon was accused of murder for killing a neighbor at a low-rent Galveston apartment house where they both lived, then dismembering the victim and throwing the body parts into Galveston Bay. He still faces two more charges. (AP Photo/Pat Sullivan)
Photo courtesy HBO
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