based upon that tip the agent that's a mexican man standing outside a restaurant and open a restaurant during daylight hours now that area has a spanish population and there are numerous people within that area  perception of the objects yes exactly it's and as worthless as that is not a mere refusal to cooperate in fact it's just the opposite under the fatality of the circumstances here we have the officers have a reasonable suspicion the word also teaches us that reasonable suspicion has to be based on the commonsense judgement and inferences about human behavior let me ask you a question miles i believe i think it's probably from the judge's only experience there was testimony that the agents came from the campus border patrol station there is a campo is about it's very calls probably three and a half miles from the border th from the judge's findings after i received the response revives looked at the map and realized what the mistake was no question it was about twenty miles i would say probably the eagles fly about fifteen probably twenty by this particular area is known for a place where illegals and turf and it's known as a place to circumvent a checkpoint that's that's the testimony and that's what was found by the court now one count wh ok near the bottom and based on your experience of that area is that an area known for the entry of illegal aliens yes and if you people attempt to circumvent the checkpoint through that area yes ok and her experience at that time was her personal slipperiness to it well i agree in the answer that yes i've been working in that area should have been more open right at that moment i got them but i'm i'm i'm also going to look at the question that was asked before you have been working there quote for some time some time to that i'm not and i want to know and even working there for two weeks i don't see who've been working there for some time now she does not lie she just says i've been working there yes yes and but but this is absolutely somebody asked on cross and she's only there for two weeks can't deny that and and can't and i think the way this looks certainly doesn't look good but as i said i don't know what was in the prosecutor's my he may  of the circumstances here i think we have quite clearly more than enough for reasonable suspicion we have an area known for entry we have an area known as circumvent a checkpoint there is a person at the phone booth when the agents  that they arrive in a marked car in a uniform and the woman in the restaurant points towards that person in the phone book that person then immediately heads to the back of that building the agent goes the other way there's apparently a storage area behind the building and then a little sort of alleyway or a little area of the reading to be why she gets over behind that second building and sees the person go in she then goes around to the other side to hide from you and i think that point was the other officer at the other end of that passageway that is that good question because i think the records a little unclear but i think she finally does it on cross examination when she so now when you say event word what part of the testimony you're relying on cross examination your honor  that's where she's behind the building and the part is coming towards that area and she saw him go in the wall so what i what i did is i came back from where i came from in other words back around to the other side thinking he's going to come out through there that's why why i was when i saw him and i went to see it was between the two walt he was kneeled down so i think what it is is that they were line twenty four and i believe clear if i was that later but i would i don't i don't know how you clarify that that's already pretty clear and the reason i focus on this is that the district judge seemed to have missed that the district judge decided that this was consensual yes on the ground he could've walked out the other end and i'm trying to figure out how the district judge could have concluded that in light of this i'm approached the gentleman i told him that i found him i told him that he was over in my area i think that goes back to you know if he had come around that side of the building i think you know at best the record just unclear you know i'm going to back off in a consensual stop i think it's on that basis that the judge really was saying this is consensual he was already stopped don't move didn't convert it into nonconsensual because it is similar to that it's and there are other explanations for god doesn't government has conceded is a measurement that was in error in fact it was about twenty miles from the united states border which also would be encompasses many different areas including the population in san diego would all be contained within twenty miles from district court also took into account that you didn't have responded to this area before and again as many other parts of the record this part of the record is also somewhat spotty the officer testified that they had received calls from the proxy burger restaurant in the past there was no information about the actual cashier who had called in this case agent espinosa testified that she did not know the cashier was called and that she did not have any contact with that cashier upon arriving at the