KANSAS CITY, Mo. (AP) — A judge will determine if cellphone records can be used in the trial of a Lee’s Summit lawyer charged in the deaths of her father and his girlfriend.

The Kansas City Star reports the phone records are evidence in the case against Susan Elizabeth Van Note, who’s charged in the 2010 deaths of 67-year-old William Van Note and 59-year-old Sharon Dickson.

Defense lawyers say the cellphone evidence was obtained through an “unconstitutional search” because investigators didn’t acquire it with a search warrant. Instead they used a subpoena, which doesn’t require probable cause.

At a Laclede County court hearing Tuesday, a Camden County sheriff’s sergeant told Judge Kenneth Hayden the subpoenas are standard, and both were signed by a judge.

Each side has 20 days to file written arguments.