NORTHAMPTON - The lawyer for a man accused of kidnapping and assaulting his former fiancee in Florence wants evidence in the case thrown out because he says his client was not properly informed of his legal rights when arrested and the search of his residence was illegal.

Defense attorney Alan Rubin told Hampshire Superior Court Judge Mary-Lou Rup Wednesday that his client, Hakam A. McCoy, 28, was not informed of his constitutional rights to remain silent and that McCoy's Florence apartment was illegally searched, making any evidence seized inadmissible in court.

McCoy has been held without right to bail in the Hampshire House of Correction since his arrest on charges of kidnapping, three counts of assault and battery with a dangerous weapon, assault and battery and malicious destruction of property valued at more than $250.

Assistant Northwestern District Attorney Carrie Russell refuted the defense argument, saying McCoy was aware of his rights and the apartment search was proper.

Rup said she will rule on Rubin's motions today.

McCoy was arrested July 12 by Northampton police officer Joseph Golec. Golec testified Wednesday that the victim approached him in his patrol car near the Cumberland Farms in Florence that day, crying, "I need help."

Golec said the victim had visible injuries on her arms and legs and reported she had been assaulted by her fiance following a verbal argument and prevented from leaving her 217 Nonotuck St. apartment.

The woman was taken to Cooley Dickinson Hospital for treatment. Golec said he went to the Nonotuck Street residence, where he found McCoy stowing items in his car in the parking lot.

After a short conversation, Golec said he arrested McCoy and confiscated items from his pockets, including a lighter.

Golec said he told McCoy the lighter could be left in the apartment, which was unlocked, rather than taking it to the police station where it would be placed in inventory, pending his release on bail. McCoy testified he allowed Golec to place the lighter in the unsecured apartment and lock the door to the residence.

Rubin said Golec used the lighter as a ruse to gain entry to the apartment without a search warrant.

The officer used a digital camera to take pictures inside the apartment, where broken furniture and other evidence corroborated the victim's account, Russell said. Rubin said the photos and other evidence should be excluded at trial.

Russell said the victim gave the police permission to search the apartment while she was being treated at the hospital. She also said McCoy allowed Golec to enter the apartment with the lighter and that evidence was in plain sight when the officer entered.

McCoy also testified that Golec did not advise him of his Miranda rights when he was arrested, while Golec testified he did.

In October, Superior Court Judge Bertha Josephson ruled that McCoy should be held without bail because he "poses a danger to the community and to the alleged victim."

In her ruling, Josephson cited McCoy's criminal record of violent offenses, including a 2002 involuntary manslaughter conviction in the death of his 2-month-old son.