mr collins yes your honor thank you and before you go to start i just want to remind the lawyers that you do have two minutes to present your case without interruption promise and after those two minutes are up you should be prepared for questions officers but that's different than saying the officer saw it is there evidence in the record that one of one or more of the officers witnessed that stabbing because i thought there was some question as to whether or not that person who you're there in a community caretaker function does that make any difference at all i would i would disagree with some of the characteristics of the evidence he said but you know situation we didn't know who was in the clo some kind of mental are to say it would not change the th amendment analysis we still judge really unless at the time of the use of force and it was case i would argue that the use of force was reasonable just and another room in the bathroom were wet and then he he loaded or whatever term they used to find a human in the bedroom where there was there any did the records show that there were other rooms in the jordan's and could not tell if there was anyone else in the closet other than the person that he was seen when you opened up the closet door and you also couldn't tell him that you couldn't see mr perkins hands and he couldn't tell if there were any other weapons there kyle eckert were one with a seventy five gold in maryland you know police sergeant adams their street supervisor and these further roseville city police officers who were inside found the district court granted police officers qualified and official immunity based on the trustees claims concerning forced entry john's home and the deployment of a police dog under a bite in  th the question of what is known to the officers is really the rule by the court to determine if the facts were informal reasonable police officer that his actions violate legal standards so in this case what did the police officers know and when did they know it when police arrived at the scene they know that two of brooklyn's neighbors had telephone requesting a welfare check on the man who lived in apartment levon because they could hear a man screaming and hollering inside his apartment that was another they described it as another verbal outburst inside his apartment and then they informed the police that he may have mental health issues based upon those requests for a welfare check officers christianson and vang were dispatched by the rose to a postponement to birkeland apartment in order to check on him on the way to the apartment they learned that there was a bench warrant for a nonviolent misdemeanor which kirkland may not be aware of so when christiansen and vang arrive get at john's apartment christian officer christiansen turned on his body kim and recorded transcript was at summary judgment was originally attached to and the affidavit incorporated into the affidavit of janeiro wonder who prepared the transcript and that's the that's located at  the the recordings of the audio are the audio and video recording produced by the police department in connection in discovery in this case and this is time are to worry and it's time closet one second later at the th room or officer says john come out of the closet with your hands up you're under arrest twenty four of thirty three jordan sent out the dogs on come on john the dogs on command testimony from the officers many means that the police dog was already in the closet and already biting jorgensen after the dog was in the closet and biting jorgensen at the and thirty nine let go of the night so jorgensen did not see a knife he testified and the or excuse me the camera the requesting from the body cam proves or shows conclusively that when drugs and did not see a knife no knife appeared until after the dog had been in the closet biting and attacking mr berglund for at least a minimum of six seconds because i think you're still  terms of the use of force your honor the timing is critical because one counts i was giving his recitation of the facts it's not in me just you just recitation we've proffered as much evidence say that he couldn't see his hands or mention schober hands until after the dog was already attacking him the knife didn't appear intel after the dog had been biting him and attacking him for six to eight seconds and then report that's part of the record which showed that john suffered at least ten deep puncture wounds which expose were which was down to an exposed the bone exposed reveal ligaments tendons and facia the all of that occurred during this we contend in the and we believe the record shows all occurred during the six to nine seconds that the dog was attacking and biting john in the closet and then set in there immediately after jorgensen need context within one second or two seconds of jorgenson saying i got contact he sent the shows that the dog was attached to brooklyn threw up on jorgensen testified that he pulled the dog out of the closet and brooklyn then  of self into a football stance and lunged or launched himself out of the closet and and joints and shot john and then once jorgensen shot john john in their fellow back into the closet at the back of the closet in fact eckerd who fired one time justified that john when he fired on john was sitting there squatting and at the back of the closet and that the dog was on john was between the officers and that there's a lot of clothes or clothes and someone hanging in the closet and after testified he had about an inch window to shoot through in order to hit brooklyn physically i mean you said that number of times and i'm just having a hard time with that because i'm a kid read eighteen yards in two seconds it happens on every single day on some football field some place a person can are there their version is that day he was forward and that whether he lunged or fell or whatever i'm not sure that really matters if you look at our wide of cases to talk about reasonable but i'm mistaken but that jorgensen was squatting at the back of the closet but the dog was on him that the dog was in between berkland and jurgensen and him when he fired he testified he did not  see jorgensen get up or come out the officers he testified that he had to fire through what he described as an eight inch window between the los and of the window being the dog and the upper providing significant geometric geometrical obstacles or something like that because there were laundry baskets and plastic containers boxes and someone on the floor or in the closet making it very dca that he could see before the shooting brooklyn's left leg was flat on the floor and that it wasn't you know as if he had he thought he might have even been laying on the floor time that elapsed they didn't you know obviously did not the officers did not give berkland an opportunity to respond to their commands but most importantly there was a dog attached to  john he was biting him he had bitten him he had ten deep puncture wounds in his right knee and upper leg area if you look at the photographs that part of the record shows when they pull them out just let his right kne caretaker exception to that requirement when they did that they knew they didn't have a warrant and they're claiming that there that they could go in there based on a reasonable  rational reasonable belief that there were there was an emergency or there was a situation that required their attention but yet they waited outside the apartment for twenty minutes before going into the apartment once they went into the apartment within a minute they had cleared the apartment they had located or going in the in the closet at that point if the purpose was in fact a welfare check in the purpose for breaking in was pursuant to the caretaker exception to a what requirement to merely to locate john mission accomplished they should remove the dog at that point in time they didn't do that instead they immediately upon contact within one second sent the dog into the closet for one purpose to bite him and to hold him that was the command that's what i was trained in that's what the dog did he didn't exactly what he was trained and then sex tonight seconds later john defended himself against