A judge in Sean “Diddy” Combs sex crimes case ordered prosecutors to destroy copies of Combs’ handwritten notes that were obtained during a recent prison searchpending a decision on whether they can be used in preparation for the rapper’s future sex trafficking trial.

During a hearing Tuesday in federal court in Manhattan, U.S. District Judge Arun Subramanian said prosecutors should not look at the notes while he considers the defense’s argument that they are subject to the attorney-client privilege, a legal doctrine that protect confidential communications between lawyers and their clients.

“Get rid of them,” Subramanian told prosecutors, adding that he would keep a copy of the notes until he determined whether prosecutors had the right to use them to build their case. The judge said a separate team within the U.S. Attorney’s Office, which is responsible for vetting the documents for attorney-client privilege, could keep them.

A spokesman for the US Attorney’s Office for the Southern District of New York declined to comment. USA TODAY has reached out to Combs’ representatives.

On Monday, lawyers for the embattled music mogul called for a hearing focused on how prosecutors obtained what the defense described as Combs’ “privileged notes to his attorneys regarding defense witnesses and defense strategies.”

The lawyers said an Oct. 28 search of Combs’ cell violated his constitutional rights and characterized it as “outrageous” government conduct. On Tuesday, attorney Marc Agnifilo called the search a “complete institutional failure,” saying the alleged seizure of Combs’ bills violated his right to a fair trial and protections against self-incrimination and unreasonable searches and seizures.

US Attorneys: Diddy’s Jail Cell Was Searched As Part Of ‘Broader Safety And Security Initiative’

In response, the U.S. Attorney’s Office for the Southern District of New York told the judge in a letter Monday that investigators searched the Metropolitan Detention Center in Brooklyn, where Combs is incarcerated, as part of a “larger safety and security initiative.” which was scheduled before the music mogul was arrested in September.

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According to prosecutors, a Bureau of Corrections investigator searched Combs’ cell and found a “legal” file, a notebook, an address book and “personal effects.” The investigator took photos of the notebook and address book and forwarded them to a “screening team,” which approved the release of some photos to prosecutors.

But the government said those photos, which show Combs’ “extensive notes to himself, including notes related to the defendant’s business interests, the release of his music and family matters, among other things,” are not considered “privileged” material in his legal defense.

“Outrageous Government Behavior”: Diddy is asking for a new hearing after the jailhouse search

Prosecutors also alleged that Combs wrote about paying off potential witnesses and digging up dirt on them. They said that could amount to obstruction of justice, meaning the attorney-client privilege should not apply. During Tuesday’s hearing, District Attorney Mary Slavik said she was still investigating the case and could bring more charges.

Combs has been incarcerated since September, when he was arrested for racketeering, sex trafficking and transportation to engage in prostitution. He has pleaded not guilty and denied all allegations of sexual assault against him.

In a filing on Friday, prosecutors argued Combs’ last bail application should be refused because it “presents a serious risk of obstruction, danger and flight”. They also alleged that Combs has “orchestrated social media campaigns that, in his own words, are aimed at tainting the jury” and “has made efforts to publicly release material he deems helpful to his case.”

A hearing on Combs’ bail proposal is scheduled for Friday. Prosecutors agreed Tuesday that Judge Subramanian would not consider the contents of Combs’ notes in deciding whether to release him.

Contributing: Jay Stahl and Edward Segarra, USA TODAY; Luc Cohen, Reuters

This article originally appeared on USA TODAY: Diddy hearing: Judge orders prosecutors to destroy copies of his notes