suppress and found a bed there was reasonable suspicion to suspect mr line of criminal activity simply because he had pulled his vehicle into a driveway allowed a police officer to pass in his vehicle then pulled out of the driveway made very similar arguments to the state that the state does in this case and that is the release of the our combined with the fact that there were no crabs in the area in the back of the fence made attempts to get away from the officer although in this case it's not and when he pulled out it continued on his way he actually went the same direction that the officer went so in so fleetest is defined as actually having told somebody this certainly was not had long so based on religion is based on  spencer if the trial court believed that there was a sixty four square inch placard a giant air freshener obviously the trial court would have said at the very least not only was the stop justified my argument will really be quite grief i'm happy to remind him what we said in our brief off council was absolutely correct he notified me twenty time in advance of the additional authority you want to cite smith i don't now approve that i have no objection i'll just respond to it here oh he was an absolutely fair and everything he did with it i am are going to smith is really quite distinguishable here the defendant was not merely walking around as was the defendant smith here he suddenly pulled into the driveway when the cop came behind it then he quickly pulled out as the officer passed it's like he was saying both i live here and i don't live here it's twelve thirty am fuckin after midnight he also argue that he was we don't complain there was flight by the defendant here but rather a comparable at the significantly distinguishable in face is kind of just part of the calculus for reasonable suspicion circumstances there in my briefing that i've mentioned to you here just the preceding moment or two then to raise any reasonable suspicion in he said he an officer the officer say first ran the license plate check and considering all his testimony implicitly said it revealed no connection between the vehicle in the house the standard here your honour's and i'm probably just stating the obvious to you it's reasonable suspicion that's a lesser standard than probable cause the defendant makes what is preferred a burglary didn't here unlike in legends the defendant reacted to the officers present in legends the defendant did not react the officers presence it's that reaction that added to the very briefly if it would just point out or at least argue that as far as little not belong there there's really nothing to substantiate that the people did not belong there and if the argument is well you know he s known down home that wasn't clearly established but assuming that he didn't own the home doesn't necessarily mean that people didn't belong there again we fall back on that standard of you know conduct that describes a large category of presumably innocent travelers the weekend  night there's going to be people just based on common everyday experience that will briefly pull into a driveway of the home they own home to turn around or to let another vehicle pass things of that nature and that sort of behavior that short of that sort of conduct when driving should not allow now going forward officers to pull people over and investigate them further from the end as far as the for the reacting to the police officer as a distinguishing factor of between this case and legends again that's purely speculative it was not night time this was four thirty in the morning there's not a lot of tests but not any testimony regarding the lighting on the street well we know mr i'm just simply know there was a vehicle behind him of a certain distance twelve thirty in the morning he didn't feel comfortable having to be a behind him for whatever reason allo