Evidence that was gathered from Colorado theater shooting suspect James Holmes' apartment, including the explosives that Holmes had allegedly booby-trapped it with, should not be used against him, his lawyers say.

Defense attorneys argued in court Wednesday that police illegally entered Holmes' apartment when they utilized a bomb robot without a warrant in the hours and days after the shooting.

Prosecutors however argue that the urgent threat to public safety required immediate entry into the apartment.

Last week police officers testified that Holmes even helped them diffuse the bombs.

However their questioning of Holmes at the time was done without an attorney present and Holmes' lawyers are also asking that evidence gathered during that questioning be thrown out.

During testimony on Tuesday, FBI chemists said they found salt, glycerin, black powder, potassium permanganate, a form of plastic that had been melted into glue and a variety of chemicals from the apartment.

FBI supervisor Garrett Gumbinner also testified during an earlier preliminary hearing in January that the apartment had several bottles of gasoline, explosive devices and jars of chemicals that included napalm and gunpowder. Even the carpet was saturated with oil and gas.

“He said he rigged his apartment to explode or catch fire in order to divert police resources to his apartment," Gumbinner said.

Residents who lived in the same apartment complex as Holmes were not allowed to return their homes more than a week after the shooting and an unnamed law enforcement official told CNN at the time that the explosive set up looked like something seen in Iraq or Afghanistan.

Holmes has pleaded not guilty by reason of insanity to 166 counts of murder, attempted murder and other charges for the July 20 shooting at the midnight screening of "Batman: The Dark Knight Rises."

In a new filing that was made public on Tuesday Holmes' defense attorneys asked for more time to file roughly six more motions pertaining to Holmes' psychiatric evaluation.

"These motions involve very important and complex legal issues, many of which pertain to the death penalty and mental illness, and have never been filed or litigated before in the state of Colorado," reads the filing.

Prosecutors are seeking the death penalty, but to have Holmes executed they must prove to the jury that Holmes was legally sane at the time of the shootings.

Earlier on HuffPost:

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  • Tom Sullivan , holds a photograph of his son, Alex Sullivan, as he pleads with the media to help him find his son, outside Gateway High School on Friday, July 20, 2012 in Aurora, Colo. Alex Sullivan, was celebrating his 27th birthday by attending midnight premiere of the Batman movie Friday night. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • A woman cries outside Gateway High School where witness were brought for questioning after a gunman opened fire at a midnight premiere of The Dark Knight Rises Batman movie Friday, July 20, 2012 in Aurora, Colo. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Tom Sullivan, center, embraces family members outside Gateway High School where he has been searching frantically for his son Alex Sullivan who celebrated his 27th birthday by going to see "The Dark Knight Rises," movie where a gunman opened fire Friday, July 20, 2012, in Aurora, Colo. (Photo credit: AP Photo/Barry Gutierrez)

  • Eyewitness Chandler Brannon, 25, sits outside Gateway High School where witnesses were brought for questioning after a shooting at a movie theater showing the Batman movie "The Dark Knight Rises," Friday, July 20, 2012 in Aurora. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • A small group prays outside Gateway High School where witness were brought for questioning Friday, July 20, 2012 in Aurora, Colo. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Family and friends wait outside Gateway High School where witnesses were brought for questioning after a shooting at a movie theater showing the Batman movie "The Dark Knight Rises," Friday, July 20, 2012 in Aurora, Colo. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Eyewitness Jacob Stevens, 18, hugs his mother Tammi Stevens after being interview by police outside Gateway High School where witnesses were brought for questioning Friday, July 20, 2012 in Aurora, Colo. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Eyewitness Isaiah Bow hugs his mother Shamecca Davis after being questioned by police outside Gateway High School where witnesses were brought in, Friday, July 20, 2012 in Aurora, Colo. After leaving the theater Bow went back in to find his girlfriend. "I didn't want to leave her in there. But she's ok now," Bow said. A gunman wearing a gas mask set off an unknown gas and fired into the crowded movie theater killing 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Emma Goos, 19, hugs her mother, Judy Goos, outside Gateway High School where witnesses were brought for questioning Friday, July 20, 2012, in Aurora, Colo. Emma was in the third row of the theater of the new Batman movie when the shooter entered. She helped apply pressure to a man's head who was injured. (Photo credit: AP Photo/Barry Gutierrez)

  • Police cars in front of the Century 16 theater in Aurora, Colorado where a gunman opened fire during the opening of the new Batman movie "The Dark Knight Rises" killing at least 15 people and wounding 50 others on the morning of July 20, 2012. The shooting suspect in custody after at least 12 people were shot dead and around 50 were wounded at a movie screening in the United States has been identified as 24-year-old James Holmes, US media said Friday. Television networks cited the FBI as saying that Holmes, from the town of Aurora, Colorado, scene of the midnight shooting at a screening of the Batman movie "The Dark Knight Rises," did not appear to have any known terrorism connections. (Photo credit: AFP PHOTO/JONATHAN CASTNER JONATHAN CASTNER/AFP/GettyImages)

  • Police tape cordons off the parking area around the Century 16 movie theater in Aurora, Colorado, July 20, 2012 where a gunman opened fire during the showing of the new Batman movie. At least 12 people were killed and around 50 wounded in the cinema shooting. (Photo credit: AFP PHOTO JONATHAN CASTNERJONATHAN CASTNER/AFP/GettyImages)

  • Police cars in front of the Century 16 theater in Aurora, Colorado where a gunman opened fire during the opening of the new Batman movie "The Dark Knight Rises" killing at least 15 people and wounding 50 others on the morning of July 20, 2012. The shooting suspect in custody after at least 12 people were shot dead and around 40 were wounded at a movie screening in the United States has been identified as 24-year-old James Holmes, US media said Friday. Television networks cited the FBI as saying that Holmes, from the town of Aurora, Colorado, scene of the midnight shooting at a screening of the Batman movie "The Dark Knight Rises," did not appear to have any known terrorism connections. (Photo credit: AFP PHOTO/JONATHAN CASTNERJONATHAN CASTNER/AFP/GettyImages)

  • Police cars in front of the Century 16 theater in Aurora, Colorado where a gunman opened fire during the opening of the new Batman movie "The Dark Knight Rises" killing at least 15 people and wounding 50 others on the morning of July 20, 2012. The shooting suspect in custody after at least 12 people were shot dead and around 50 were wounded at a movie screening in the United States has been identified as 24-year-old James Holmes, US media said Friday. Television networks cited the FBI as saying that Holmes, from the town of Aurora, Colorado, scene of the midnight shooting at a screening of the Batman movie "The Dark Knight Rises," did not appear to have any known terrorism connections. (Photo credit: AFP PHOTO/JONATHAN CASTNERJONATHAN CASTNER/AFP/GettyImages)

  • Police cars are seen in the parking area around the Century 16 movie theater in Aurora, Colorado, July 20, 2012 where a gunman opened fire during the showing of the new Batman movie. At least 12 people were killed and around 50 wounded in the cinema shooting. (Photo credit: AFP PHOTO JONATHAN CASTNERJONATHAN CASTNER/AFP/GettyImages)

  • Police use a video camera to look inside an apartment where the suspect in a shooting at a movie theatre lived in Aurora, Colo., Friday, July 20, 2012. As many as 12 people were killed and 50 injured at a shooting at the Century 16 movie theatre early Friday during the showing of the latest Batman movie. (Photo credit: AP Photo/Ed Andrieski)

  • Police break out a window of an apartment where the suspect in a shooting at a movie theatre lived in Aurora, Colo., Friday, July 20, 2012. As many as 12 people were killed and 50 injured at a shooting at the Century 16 movie theatre early Friday during the showing of the latest Batman movie. (Photo credit: AP Photo/Ed Andrieski)

  • Shamecca Davis hugs her son Isaiah Bow, who was an eye witness to the shooting, outside Gateway High School where witness were brought for questioning Friday, July 20, 2012 in Denver. After leaving the theater Bow went back in to find his girlfriend. " I didn't want to leave her in there. But she's ok now," Bow said. A gunman wearing a gas mask set off an unknown gas and fired into a crowded movie theater at a midnight opening of the Batman movie "The Dark Knight Rises," killing at least 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • Judy Goos, second from left, hugs her daughters friend, Isaiah Bow, 20, while eye witnesses Emma Goos, 19, left, and Terrell Wallin, 20, right, gather outside Gateway High School where witness were brought for questioning Friday, July 20, 2012 in Denver. A gunman wearing a gas mask set off an unknown gas and fired into a crowded movie theater at a midnight opening of the Batman movie "The Dark Knight Rises," killing at least 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

  • A SWAT team officer stands watch near an apartment house where the suspect in a shooting at a movie theatre lived in Aurora, Colo., Friday, July 20, 2012. As many as 14 people were killed and 50 injured at a shooting at the Century 16 movie theatre early Friday during the showing of the latest Batman movie. (Photo credit: AP Photo/Ed Andrieski)

  • Police gather near an apartment house where the suspect in a shooting at a movie theatre lived in Aurora, Colo., Friday, July 20, 2012. As many as 12 people were killed and 50 injured at a shooting at the Century 16 movie theatre early Friday during the showing of the latest Batman movie. (Photo credit: AP Photo/Ed Andrieski)

  • A SWAT team officer stands watch near an apartment house where the suspect in a shooting at a movie theatre lived in Aurora, Colo., Friday, July 20, 2012. As many as 12 people were killed and 50 injured at a shooting at the Century 16 movie theatre early Friday during the showing of the latest Batman movie. (Photo credit: AP Photo/Ed Andrieski)

  • Jacob Stevens, 18, hugs his mother Tammi Stevens after being interview by police outside Gateway High School where witness were brought for questioning after a shooting at a movie theater, Friday, July 20, 2012 in Denver. A gunman wearing a gas mask set off an unknown gas and fired into a crowded movie theater at a midnight opening of the Batman movie "The Dark Knight Rises," killing at least 12 people and injuring at least 50 others, authorities said. (Photo credit: AP Photo/Barry Gutierrez)

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  • Police are pictured outside of a Century 16 movie theatre where as many as 12 people were killed and many injured at a shooting during the showing of a movie at the in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • Police are pictured outside of a Century 16 movie theatre where as many as 12 people were killed and many injured at a shooting during the showing of a movie at the in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • Aurora Police Chief Daniel Oates talks to media at Aurora Mall where as many as 12 people were killed and many injured at a shooting at the Century 16 movie theatre in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • Aurora Police Chief Daniel Oates talks to media at the Aurora Mall where as many as 14 people were killed and many injured at a shooting at the Century 16 movie theatre in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • Police are pictured outside of a Century 16 movie theatre where as many as 12 people were killed and many injured at a shooting during the showing of a movie at the in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • Police are pictured outside of a Century 16 movie theatre where as many as 12 people were killed and many injured at a shooting during the showing of a movie at the in Aurora, Colo., Friday, July 20, 2012. (Photo credit: AP Photo/Ed Andrieski)

  • People gather outside the Century 16 movie theatre in Aurora, Colo., at the scene of a mass shooting early Friday morning, July 20, 2012. Police Chief Dan Oates says 12 people are dead following the shooting at the suburban Denver movie theater. He says 50 others were injured when gunfire erupted early Friday at the Aurora theater. Oates says a gunman appeared at the front of one of the Century 16 theaters. <em>Photo Credit: Karl Gehring, <a href="http://www.huffingtonpost.com/news/exposure/" target="_hplink">Denver Post</a>. </em> / AP

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