was taken into the parking lot not far from the door probably only about twenty feet from the door from  police had simply be in conversation with that individual who's been pounding your next the public safety exception and i'm i'm focusing on a public safety saying that there's a man with a gun the police from shows up at the motel he sees someone standing on the bed in the wrong which it's reasonable to assume that's where the gun they have what in your view is the policeman fly operate those those statements alternatively the police men can certainly ask mr hell to depart the room and and and then have a consensual conversation with there are a number of to say would you please step out as i say i think there are a number of alternatives where the courts have said that the public safety exception can be carved out or are very narrow and i'll give the court the example of the two cases that have been cited by the government here in new york versus quarrels and also alan versus roe were the court said there is a public safety exception to the miranda requirement in surroundings of the interrogation the duration of the detention and degree of pressure if you apply those factors to this case given the nature of this interest in accusatory questioning out of the gate undertakes to accompany the police to the station house what would be an appropriate question to ask or was there no appropriate question for the police officer to ask i think if we have to start out by spraying i want to re your miranda rights or what though we don't have consent here and we don't have a warrant and if we had a circumstance like these cases quails and an allen  facts so i won't recite them in any great length when officer pierce gets a radio call first because of a disturbance event that's amplified somewhat to include a weapon he goes to the motel room drive to the hotel room as he arrives there twenty to thirty feet from an open door mr counselor points to the defendant that's the man who pointed the gun at me officer pierce then approaches the door and i think the record indicates as officer pierce is walking toward the open door and he difficult to make a finding one way or another on the basis of that testimony well i don't i don't know that that i can dispute that too much with you i think the officer simply said he didn't recall and on those facts officer excuse me and on those facts i think a reasonable person would have done that your honor roll would have felt free to do that i don't think so you well i let me try to answer that it's just  a part of this court's analysis still the push those are the police officers there at the door of the motel wrong and the question is whether a reasonable person whether reasonably innocent or reasonable guilty person would feel free to go well go literally means says you know i'd like to leave now get out of my way i'm leaving and he closes the door and he walked out of the seven eleven but i guess in this circumstance for you to go also means  please step back so i can close the door i would like to be alone and you're saying that any reasonable person would feel free to do that with a police officer standing in the door asking questions i think a reasonable person would have done yes ron i do i think it's i don't know any reasonable person  actually were there was no display of force there was nothing in overbearing about what the officer did you approach to ask questions to be here that's critical to your argument the more or less leads me to think that gee i'd like to send the case back to the district judge to rethink the question of whether there was a gun of the officers  don't i don't think your honor that even had the weapon been even had the police officer said i got there i heard there was a gun involved i could see into the room and maybe i walked in officer and i think this court has traditionally looked toward display of force towards court here we have a police officer going essentially a man with a gun call he walks up to the door he said did you point the gun and the defendant says yes and i have yes there's a voluntary consent and i'm now well and ok ok thank you very much your honor thank thank you very much you say some time for a bottle thank you i know i don't have  take the witness stand right in this case that the officers testimony was edgy possibly have drawn one but still the the case is finding a detention washington or her r v that i that i side by comparison