Lawyers for a man accused of trying to abduct a teenager from the Merrimack Premium Outlets are challenging some of the evidence against him.Click to watch News 9's coverage.Attorneys for Desmond Mighty, 25, of Connecticut, said in court Monday that a police search was unconstitutional, but prosecutors said all the evidence that was gathered was legally obtained.Mighty faces several charges that include kidnapping for an incident involving a 16-year-old girl over the summer. Former Merrimack Police Officer Joseph Goodridge testified about stopping Mighty in the outlet mall parking lot."I told him the reason we're stopping him is there was a reported assault, and he matched the description," Goodridge said. "(He said) that he wasn't involved in an assault."Goodridge said Mighty appeared nervous, and he made Goodridge nervous. The former officer said he put Mighty in handcuffs and, during a routine pat-down, found marijuana."As a result of that, what was a detention now became an arrest," defense attorney John Durkin said.Defense lawyers said Mighty didn't consent to the search, and all the evidence, including weapons found in his car, were illegally seized.Prosecutors said the pat-down was standard police procedure, and the evidence would have eventually been uncovered during the course of the investigation."It's our policy (to do a search) any time we place somebody into handcuffs," Lt. Matthew Tarleton said. "That's our policy. We search the person. It's an officer-safety situation."The judge took the issue under advisement. Mighty's trial is scheduled to begin Feb. 1.