BARTOW, Fla. – Photos allegedly showing R. Kelly having sex with an underage girl were seized illegally and cannot be used to try the R&B singer on child porn charges, a judge ruled yesterday.

Defense lawyers successfully argued there was not enough evidence to justify a June 2002 search of Kelly’s home, in which detectives found a duffel bag with a digital camera wrapped in a towel.

If the ruling is not overturned, the 12 charges of child porn against the singer will be dropped, Assistant State Attorney Chip Thulberry said.

Kelly also faces 14 child porn charges in Chicago.

In the Florida case, one of Kelly’s lawyers argued the search warrant affidavit lacked proper evidence. Investigators sought the warrant after previously searching his home for drugs, and spotting video equipment and an “unusual” amount of pornography.