NEW YORK (CBS SF/AP) — Lawyers for Ross Ulbricht, the San Francisco man charged with operating Silk Road—an online marketplace for illegal drugs, are asking a judge in New York to toss out most of the evidence against him.

The lawyers say in court papers that the government violated the Fourth Amendment ban on illegal searches and seizures when it searched Ulbricht’s online history.

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Ulbricht is awaiting trial in Manhattan federal court on charges of narcotics trafficking, computer hacking and money laundering. He has pleaded not guilty.

His lawyers wrote that much of the evidence should be thrown out because it resulted from searches of his entire digital history.

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The defense papers were filed Friday. A prosecutor’s spokeswoman declined to comment Monday.

The trial is scheduled to start Nov. 3.

The underground Silk Road website allowed users to anonymously browse through nearly 13,000 listings. Authorities said the categories included “Cannabis,” “Psychedelics” and “Stimulants.” Purchases were made using the virtual currency Bitcoin.

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