EDMONTON — Lawyers for a man accused of supporting a deadly terror attack in Iraq want a judge to determine if RCMP followed proper legal procedures when officers searched his home.

Mounties seized a computer, books and other material in January when they arrested Sayfilden Tahir Sharif in Edmonton.

Sharif, 38, is charged in the United States with conspiracy to kill Americans abroad. The Crown has applied to Court of Queen's Bench to send the seized material to U.S. prosecutors, who want Sharif extradited.

Sharif's lawyers have asked the court to set conditions on the release of any evidence to the U.S. to ensure the defence can see all of it.

"Imagine your property has been seized and the government is going to send it to a foreign government without any kind of review of the court to whether that is appropriate or proper," Sharif's lawyer, Bob Aloneissi, said outside court Thursday.

"Once it is out of Canada it may never be returned. We may never be able to analyze the objects to determine what they might mean."

Federal Crown lawyer Stacey Dej said Sharif is the subject of an ongoing criminal investigation in Canada and the RCMP search was conducted properly. Sharif does not face Canadian charges.

Dej said the U.S. terrorism charges Sharif faces are not limited to national boundaries and sending the seized material to the U.S. falls within Canada's Mutual Legal Assistance in Criminal Matters Act. The act allows Canada to receive and provide help in gathering evidence in criminal cases involving other countries.

Justice John Gill said he will consider the defence arguments about the search warrants and the evidence on Monday.

Sharif, who is being held in custody, was not in court. No date has been set for his extradition hearing.

The U.S. Justice Department accuses Sharif of being a member of a terror network that killed five U.S. soldiers in April 2009 and alleges he has links to another bombing at an Iraqi police station a month earlier. At least seven Iraqis were killed in that attack. The department also accuses Sharif of being a would-be suicide bomber who poses an extreme danger to the community.

Last month, Sharif's wife, Cara Rain, testified at his bail hearing that she doesn't believe he was part of any terror attacks.

Sharif, an ethnic Kurd, was born in Iraq but moved to Toronto as a refugee in 1993 and became a Canadian citizen in 1997.

The FBI says he is also known by the names Faruq Khalil Muhammad `Isa, Faruk Khalil Muhammad `Isa and Tahir Sharif Sayfildin.