happening with carla go she or in the third the statement that he gave to law enforcement on the fifteenth of march in two thousand and five the first issue on this teacher of the lazies laptop computer and disks a brief  hearing and also from a written report that she gave to law enforcement on the fourteenth of march in two thousand and five unfortunately when she was snooping around she found sexual illicit pictures of her six year old daughter whe as they didn't want him wiping stuff out then they can work weren't before they searched it and what's wrong with it but i guess your honor what was what in answering your question is what they should have done was to get a warrant before the exist either existed at all that is our position and i think that is supported by the court's ruling in favor in favor you had an individual that told law enforcement he keeps the firearm in that bag she leaves  that because the officer in this case knew that it was a basic computer cian the officer in this case also knew that she infrequently used a computer that that she had to do an extended files for shine on the computer to find these pictures so i would say that there was that were taken from lee's he's garage mrs dozier testified that her personal belongings were commingled with mr lacey's personal belongings in that garage but i believe that special agent brutality who testified in this case i mean that closed container with amongst all these jumble of items correct and i believe that the facts unfolds also show that her items for located right next to that and also the consent or unfolds that there was her children's articles  devices that were located in the garage are you sure about count three that's the best of my knowledge yes i guess i'm not one hundred percent sure but i would say that that's that's what i'm thinking is accurate at this time the third issue i'd like to talk about and if if i could briefly touch on this and reserve a little bit of time for for rebuttal is the statement that lacy gave in this case on the fifteenth of march the government has contended that that issue has not been perfected for people we respectfully court to look at it will tell you the circumstances as mandated by miranda before the statement was given i mean he was brought in by a family friend he was told by detective katie that you know these guys are good guys they're not going to hurt you they're not go buy you i'm hearing as a friend the testimony to suppression hearing from detective katie was clearly is though that as a supervisor of detectives this would give an appearance of impropriety and that this is something that he would say would current girlfriend count one two which we dismissed was an eight millimeter tape that we found in the garage of him sexually abusing his and he'd be careful with just a family member a small boy the very beginning so there's no whether portion in which he appears but if you look at the excerpts of record pages eight to sixteen he absolutely did not raise as an issue for the district court to consider that officer katie  him didn't clarify for him didn't let him speak those kinds of things there was never an allegation below and the moving papers nor was it addressed in the judge's order because it was not raised that detective  she says well i just have some questions and this is the reason i wanted a lawyer and here's what my dad wants to know and here's what my lawyer wanted to know and here's what i want to know how much time i look at that that's the only other mention of an attorney and you know in that situation sees definitely illegal contraband on the computer involving her daughter she calls the police and she has every right to give him that computer and the police have every right to take that computer it's like if she got a bag of marijuana and said come and get this out of my house it's illegal it's contraband exactly and in this case she told them that she used the computer whether she uses that as much as he does less than he does when he's there or not there he certainly knew she was using the computer in fact when she found the pictures she was just so horrified she started deleting them and then went oh my goodness what have i done she called him at work on the phone and said i'm on the computer and i've accidentally deleted some pictures and he said which pictures and she said pictures of you and post there were pictures of the two of them and sexually explicit conduct on the computer and he said well here's how you get him back he didn't say to her get off the computer you're not allowed to use that when i'm not here you know that you can't do that there was absolutely no testimony other than one rather self serving statement in the suppression hearing where he says i that he didn't allow people to use the computer when he wasn't there at least not to his knowledge but at the one point where he could have said to her on the phone you can't be on the computer he didn't and it was clear that they looked at pornography on the computer together they played internet pornography internet poker together she used her e mail and various things like that that she infrequently uses the computer isn't the tast just because i infrequently use the kitchen in my home because my husband cooks all the meals doesn't mean it still is my kitchen and i still don't have access to it and it's the same in this situation she's certainly had at least a parent authority even if you want to go past the actual authority and it's the same issue with regard to the garage search these were people who were a couple they lived together as a family for a period of a year there were no separate areas within the home or the garage there were no separate containers that were marked and sealed as piece of mind you can't touch and if you would watch that video in its entirety there's a portion in which towards the very have you looked at them and they said well we have to look at him you know make sure there's no contraband like what we found before and he kind of goes ok and a little later on he said well i'm glad you took those things to karla couldn't see them because you know some of them have pictures of me in an old girlfriend on so it's really kind of an interesting he says at one point oh that's ok that they've taken these and then he tries to tell the officers are just part of videos and me driving around in my car and this kind of thing says i've never had any sexual contact with anybody have pointed out and the defendant's items were in boxes completely segregated in the garage in storage from the woman who lived there they were not intermingled they were not co mingled she didn't have authority to go in to him and in clarify and i do think misheard about that my memory now distribute correct that there was an amended notice to appeal it was filed in this court and i apologize for that not making it in the extras as far as how to with out three  search of the media devices that were in the garage and i think it is clear that they are a closed container that nothing about the needy devices take it was immediately apparent as contraband there was testimony from agent vers how