erin moriarty reports. >> reporter: robert duretst's arrest last month was cut and dry.ing he was about to leave the country made their move first. but that's not how his attorney dick deguerin sees it. >> it was not proper. they approached bob in the marriott hotel and he was under arrest from that point on. >> reporter: the defense describes this timeline. on march 14th at 3:00 in the afternoon the fbi detained durst. at 6:00 p.m. agents began to search his room. a .38 caliber gun and a coat hangs in his closet and marijuana in his luggage was seized. yet it was only around 2:00 the next morning that authorities applied for a search warrant for his hotel room. not only that the defense claim they made a false arrest making it appear the gun and marijuana appear after the warrant was in hand. the attorney assisted the arrest was valid but when attorneys for durst called the fbi agents and state investigators to the stand, no one appeared. the magistrate judge postponed the hearing and ordered the u.s. attorney's office to either produce the witnesses or in contempt. bur

erin moriarty of "48 hours" is following the case for us. >> reporter: well, scott today was just supposed to be an ordinary preliminary hearing but when durst's attorneys came in and asked for those state charges to be dropped, it became an all-out legal battle. robert durst's arrest last month at a hotel in new orleans is to prosecutors cut and dried. f.b.i. agents suspecting that durst was about to leave the country made their move first but that's not how defense attorney dick deguerin sees it. >> it was illegal. it was not proper. they approached bob in the lobby of the marriott hotel and he was under arrest from that point on. >> reporter: the defense describes this timeline-- on march 14, at 3:00 in the afternoon, the f.b.i. ditained durst. at 6:00 p.m. agents began to search his room. a .38-caliber gun and a coat hanging in his closet and marijuana in his luggage was seized. yet, it was only around 2:00 the next morning that authorities applied for a search warrant for the hotel room. not only that, the defense accused state police o

. >>> i'm erin moriarty "48 hours."f her dreams a genius who worked at a nuclear power plant and had won "jeopardy" twice. but did he use his smarts to kill her with nicotine. that's coming up on "cbs this morning." ♪ [upbeat music] ♪ defiance is in our bones. defiance never grows old. citracal maximum. easily absorbed calcium plus d. now in a new look. my cut hurts. mine hurt more. mine stopped hurting faster! neosporin plus pain relief teria. neosporin plus pain relief kills the germs. fights the pain. colourists know roots take colour one way, and previously coloured hair another. new vidal sassoon salonist. first, brush roots then, blend through lengths. our most advanced system outside the salon. it's more than colour. it's a work of art. >>> a dangerous situation outside seattle this morning. a swarm of bees escaped after a semitruck carrying honeybees overturned on interstate 95 scattering bees across the highway. >> oh. my gosh. that's unusual. >>> verizon fios viewers will get more of a say on the ones they wan

>> absolutely. >> erin moriarty joins us at the table. erin they reopened the case.t much later from the event. he was indicted and he's been charged with murder. but the real problem is now that they gave back evidence? actually gave the gun back to him when they closed it as a suicide. but i think what happened here was that the evans police -- it's a small police department and they violated the cardinal rule that when there's an unexplained death you look at it first as a homicide and then you rule that out and then you can look at suicide. they did the opposite. >> it does seem to be conflicting stories in your story. >> well, it is. and the problem is he is very convincing and he was a member of the sheriff's department, he worked in corrections and i think the police department, these young officers and small inexperienced officers took his word for it too quickly. >> all right. you can see saturday night what happens in this story. you can watch airplane's new report erin's report. it's called "death after midnight." that's here on cbs. >>> making history can

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. >> i'm erin moriarty "48 hours."lis's death a suicide. but did they overlook key evidence that could implicate her husband? that's coming up on "cbs this morning." people with type 2 diabetes come from all walks of life. if you have high blood sugar ask your doctor about farxiga. it's a different kind of medicine that works by removing some sugar from your body. along with diet and exercise farxiga helps lower blood sugar in adults with type 2 diabetes. with one pill a day, farxiga helps lower your a1c. and, although it's not a weight-loss or blood-pressure drug farxiga may help you lose weight and may even lower blood pressure when used with certain diabetes medicines. do not take if allergic to farxiga or its ingredients. symptoms of a serious allergic reaction include rash, swelling, or difficulty breathing or swallowing. if you have any of these symptoms stop taking farxiga and seek medical help right away. do not take farxiga if you have severe kidney problems, are on dialysis, or have bladder cancer. tell your

erin moriarty has more. good morning. >> good morning.bed by his attorneys as a frail man in declining health is expected to be heard in court. they want to get their client out of the state of louisiana. robert durst isn't dramatic enough get r for fireworks. >> how would you describe the arrest of your client? >> it was illegal. it with us not proper. it was not correct. >> according to the defense, the fbi detained robert durst at 3:00 p.m. at his new york hotel on march 14. at 6:00 p.m. they located a revolver in a coat hangs in his closet and a stash of marijuana inside his suitcase bus they waited until nearly eight hours to get a search warrant. >> it's basic law, the police have to have a search warrant. >> reporter: the defense goes further. >> is it possible that they're going to argue that he said fine, come into my room? >> i can't anticipate exactly what they're going to say. >> reporter: durst is currently awaiting extradition in los angeles of his friend susan berman. he's the main suspect in the disappearance of his first