11:40 AM PT -- The judge appointed someone to look at the confiscated documents to help the court decide whether or not they are privileged.
10:46 AM PT -- Court is in recess for 5 minutes, and the judge's decision is expected when they return.
10:08 AM PT -- Durst is wheeled into court and seated next to his attorneys to begin the hearing.
Robert Durst's lawyers will fight to keep stacks of confiscated documents from being used in his murder trial when they march into court Wednesday morning ... and we're live streaming.
Durst's lawyers claim police illegally seized the personal docs from Durst's homes and a friend's home. They also believe the material is subject to attorney-client privilege. Prosecutors argue at least some of the docs are fair game because they were shared with producers of HBO's 'The Jinx.'
Durst is currently in jail awaiting trial for the murder of Susan Berman. He pled not guilty in November and says he was high on meth when he confessed to the murder on 'Jinx.'