motion for summary judgment and i will quote qualified immunity serves as an absolute art suit so this was argued below as an alternate basis and it is the round on appeal that we think makes the most sense for this cause analysis because that of points the need to import fourth amendment criminal law and decide whether there is a hole in the puerto rico law it just it's a much simpler path of probable cause there was at the very least the ability of a reasonable officer to believe that there was probable cause which is all you need for qualified immunity so qualified immunity is a slightly lower bar than probable cause which this court has recognized is already on bar and deceive us he came out after me finish that briefing in this case and one of the things it says in footnote seven is that the court should quote think hard and then think hard again before  dressing both qualified immunity and the merits of the underlying claim so partially and that we have shifted our emphasis a little in the sense that it now seems that the supreme court's preference is that cases like this be decided on qualified a person a reasonably suspect to have extremely dangerous contraband so is that enough to say that you have not abandoned or have you abandoned reliance on  it should be enough to show that we haven't abandoned that but it is certainly the more arguable the closer question and the more complicated question on appeal so giving that we just focus our energies  says that that extinguished any basis for finding false arrest under order rico law ok thank you and again just additional support for the citing this case on qualified immunity and versus probable cause that i think hard language that i quoted from westby is actually a quote from an earlier supreme court case where it said courts should think hard and think karnak and before turning small cases into large ones and we can tie that together with sort of  concurrence and westby where she actually thought that the court shouldn't have reached the probable cause analysis at all that the qualified immunity analysis was sufficient to dispose of all the claims she posited that maybe the court reached probable cause in order to be subsequent radio transmission from the u s p s inspector posing as a postal service employee indicated the package had been delivered to the suspect who was exit in the post the suspect matched the description driver of the white ford one fifty paragraph nine the u s p s inspector then radioed that the red pickup truck containing the plaintiff's was leaving the parking that your honor first and his declaration it's not clear that the information that the suspect matched the driver of the white truck was actually conveyed over the radio he also in that fact larry mentions that the drivers of the and outside in the parking lot the a t f agents who conducted the stop were at the program better so they were not inside the parking lot and even the any fact that the red truck and the white truck had arrived at the post office that was so if we were just looking at the summary judgment question on probable cause all of those on knows that you just suggested way in favor or went right why is it  probable cause if the agent conducting the stop was not or should not have been aware that his actions were clearly unlawful if there wasn't a case on point that he should have been aware of it says this unsubstantiated suppositions such as that he had eyes on and whatever but the evidence in the atmosphere for all to the plaintiffs and reasonable inferences there from judges additional questions of the government should be credited on summary judgment and the evidence that does exist and that the a t f agents were stationed that the remainder which included an access road to the post office so there's simply no evidence on the record that the agents who conducted the stop had eyes on the plaintiff's are could see what was happening what we do know that they had was the information that the packages then delivered and then the information that the red truck was leaving combined with the earlier information and received by radio that the occupants of the red truck had lingered which they found suspicious so putting those three together in context of the operation that they knew was happening and given the source of those radio transmissions which was from fellow law enforcement officers it was reasonable for the a t f agents to conclude that there was at least a probability or a substantial chance that the red truck contained weapons and th however what there is is again the rain here transmission that any occupants of the red truck had lingered before he went into the south as such that that could create and friends in the mind of the agent that some sort of handoff was in the offing which he applied to in his experience that was a common way for these sorts of deliveries to be handled that one person would pick it up and then immediately hand it off to someone else thank you pages ninety one to ninety five of the summary judgment discussion and then again pretty much half of there are of the reply brief below are attempting  time in the car so they had ice on the car and according to their own statement that supposedly made them suspicious so one can infer that they would keep an eye on this suspicious