this is a situation where a man was in his house or well it makes a difference but the emergency doctrine that they're trying to utilize whether or not there was consent to search his house you're right there were no exigent circumstances for them to believe that a crime was being rents a room in this house and a friend thought she was going to commit suicide and it was quite frantic about it and so you know it's kind of ex that that's absolutely right your honor the first time that was justified until there they knew that the lady wasn't in the house and even if had no reason for doing that and they went in anyway the second time that's the third time the second time they went in there was another police officer there that was a supervisor that advised them that she was there and she was fine now there is that there is a dispute that the whether she was ok or as they're saying she was laid in a field position either way they still were not permitted to go in by this person and they did have justification for the the two at least two of the two of the searches maybe they had emergencies for the first one there was no justification for patting him down and and and detaining city of l a i get the picture am i right yes you're in the county yes you are and the county has reason to come to his home and he immediately i take it early on he's a policeman right yes your honor before they ever catch it yes your honor now would you say that if you have a policeman that i if he was detained long enough now my question here is is there more reason to believe that this person would be armed because he is a policeman as opposed to being a lawyer or some you want to come back and the other thing i want to point out with respect to his activities these police officers are acting as if he is activities rose to the level where he was so belligerent that it would be police misconduct they said no true  and that that's why i'm focusing on the first first search there is a second search which he did not give them permission for and yet any third search which he did not give information for when they didn't know anything when the when they came back to the house they knew that he was there with yet another police officer and she was there they knew that there was an emergency search where they had to burst in under the circumstance we're talking about three search and it was one y and it was just one i would agree with you completely but they came in three times trapping upon is right three times if the police came to my house once because they thought there was an emergency that's ok when they find out there's not an emergency and they leave and they come back again when there's no margins to come into my house that may be a problem when they turn around the third time i walk into my house and say i'm trampling through your house you private placement for my keys and then it ends a violation of our rights they needed to show some sort of consent and just to do it blanket granting a summary judgment saying that for the record first of all in your brief you make a reference to the statute of limitations there's no statute of limitations issue no no your honor that was as a mistake yes your honor that was and then you say that the trial court granted the pallies motion for summary judgment on all claims that's true is it not that is true you are and so that portion of your brief dealing with the question of whether or not there was an abuse of discretion in failing to exercise supplemental jurisdiction is beside the point is that not even if this case this case according to the record has been  here that the trial court made several erroneous factual findings there are no factual findings in this case this is pure summary judgment or did the court undertake to make some factual finding  should i would like to reiterate that this is a case of sheriff's deputies responding reasonably to an emergency situation i'd like to go over the facts just very briefly because i think the facts are  important kim colbert calls nine one one and she provides her name and her phone number and says that she was talking to her girlfriend was very upset is talking about suicide in the middle of the conversation she begins to cry says she's very sorry and hangs up in clover tries to return the car on a cell phone there is no response so as a good friend and a concerned friend she calls nine one one and asks if i thought somebody can go to the that they appreciate that but they still need to go inside the house for themselves to check on the welfare of this nelson and he says he's not providing consent and he's becoming very educated one deputy then hold are facts that are actually stipulated by the parties in a final pretrial word or signed by counsel signed by the judge the deputies going side the house and they confirm that she is not present in the house still are in the belief that there is a potential suicide situation there's no reason for us to believe that that's not the case when we arrive we again ask this for the appellant if we can enter to the residence or to check on the welfare he says only  residence they find this nelson in her bedroom curled up in a fetal position crying and those are stipulated facts she is interviewed she says she's a set about the stresses of her life get into his patrol car he cannot find his keys he goes back inside followed by the appellant to look for his keys this is the third and she that they're talking about this is not a third injury this is all part of the  second visit to the house we have not left the scene yet all the deputies are still there the potential suicidal victim is still there we go in the house for a few minutes we can't find her keys we're able to get a substitute teach one of the other deputies and we drive off and we take to the hospital that's the case this third entry is really it's nothing it's part of the that's part of the second visit where the victim a locate it and was being taken to the hospital now the fourth amendment clearly does not print had a law enforcement officers from a warrant was entry and search if they believe there's an emergency that she was atten are they trying to do is take care of their community caretaking responsibilities trying to save somebody from serious injury or perhaps death and the second part is that that parent as a police officer for the city of los angeles of all people should appreciate the fact that law enforcement would need to go into the residence to check on the welfare of his lady it's very disappointing that t