first of all i would i would like to address the issue that what we're talking about here in our opinion is a drug stop a search for drugs secondly when the agent  given to agent hernandez who said in a nonchalant manner do you mind if we take a look inside your vehicle and there after after the consent was given a complete search of the vehicle was conducted by agent shaffer and  other arguments collapsed because this is this first of all this is neither it border checkpoint nor a functional equivalent of border checkpoint this is an immigration checkpoint which is removed from from the border i've never heard of an immigration checkpoint that's that's what the language and the application was of the checkpoint and my experience went to a hernandez so i took a macho white barnett all those cases were not database if he has evidence of his may have been modified by being painted if he has evidence that it may have gone through the brush how do you know hung from a well they don't know that except they can look inside which is exactly what they did it's a dodge caravan there's no evidence that the windows were extended and they couldn't look inside they had the driver's window down she had already shown evidence of her legality and the united states immediately upon being approached and what do they do the first question they ask her as is your speedometer broken which is goes down from sixty five to fifteen and that she was probably going to twenty five or thirty when they said that she was going an extremely high rate of speed given the fifteen mile an hour speed limit of but this is not a checkpoint like the ones that we've been talking about where a mile ahead of time there's a warning police checkpoint three quarters of a mile later another warning flashing lights i think things that are intended to warn people wanting to get information about the driver stand that's what ultimately the officer testified to but you think he had seen that you were now arguing why she might have been speeding shortly before coming to saw all that i'm suggesting is another rational explanation for why would you say there's no advance warning so i wasn't sure where your line of response was well my due to the nature of the checkpoint there's not much absence of objective evidence or pretext they can be referred without reasonable suspicion well then inferentially you have to conclude from that that when we have a case where clearly the referral to secondary in his position that this type of checkpoints like you know new contract immigration could i just get an answer to my question because i'd like to know if we don't make it dependent on whether it's an immigration checkpoint whether our case was to say that referral the secondary requires or to cumulus suspicion if there is objective evidence that the purpose for it is beyond immigration checking and is for that the agents could also investigate into drug smuggling as long as it didn't exceed the scope of the search and under immigration violations looking for immigration violations there are allowed to briefly detained th individual and to make a visible search of the vehicle and that's exactly what they did in this case they asked her questions or she provided information regarding her immigration status and they made a visual visual search of the vehicle that is they briefly looked there was some sort of violation and we're not conceding that this was solely for drug purposes that record supports that the agents believed it could be either alien or drug smuggling throughout their testimony they indicated that the purpose of their stop arms for the purpose of the immigration checkpoint was for both drugs and immigration violations that they're training they learn different methods that people can smuggle both aliens and drugs and they even specifically said that they knew the compartments could be built in a vehicle to hide both people and drugs and it was poor and it was not based on all of their observed supported that this individual may have may have been smuggling aliens or drugs that they refer to thank you seem to be any indication that the car was heavy loaded or anything else that would indicate additional people they did seem to have reasonable suspicion of drugs she handed over her immigration papers that was satisfied so seems to me factually here the secondary referral indication or any suspicion that they were smuggling people that agents went actually when they testified they said that they believed that she was smuggling stuff that was on that sort of record thirty seven to thirty eight they didn't specifically say drugs or ariens would you expect from mrs parker well i believe that they were talking about both because they had testified that they had been trained for that that the evidence that that was put in the dashboard and as i said on the spring summer homes that were right that they remove the dashboard and they create a compartment between the dashboard and the firewall and they are able to put an individual in there and there's a specific tragic incident a person being in there and the agents recognized that when the person went to get out the registration from the car the glove compartment that they saw a hand inside the glove compartment and led them to believe that there was but even if this was solely for drugs it appears that the standard is minimal suspicion which they easily hand and they also had reasonable suspicion that there was drugs and they were justified in reporting her to secondary to follow up on that investigation first they have thirty four minimal suspicion that would be and you know that states versus taylor and in that case they had both a suspicion of drugs and aliens and stop illegal immigration involved a minimal intrusion the line agents exercised no discretion of where it was or what the hours were and they were only able to stop cars that came through a checkpoint additionally the visibility and presence of the checkpoint was clear that it was officially authorized the defense counsel in his brief claimed that because the structure there of the trailer was not permanent that supported that it was a roving as opposed to a permanent checkpoint however this this case and all the factors support that this checkpoint was lawful and as i indicated the factors that they had to refer this defendant to secondary was that this was a checkpoint only twenty two miles north of the border of mexico it was surrounded by a national park area the only road from the checkpoint i'm sorry from the border to look the port of entry to the checkpoint was the road that the checkpoint was on however they had experience in training that people often circumvented that port of entry through the desert and came up onto that main road where the checkpoint was to continue on north into the united states and everything about that car supported that that's what this individual vehicle there was evidence of a compartment in the vehicle the panel was not working speedometer was not working and they had evidence that the vehicle had been recently painted which they knew from their training and experience that they built compartments and the repaint the vehicle to hide that and they had evidence that it had recently been painted they also had evidence of attempts to mask the scent and in this case they did say on drugs he did not say both people and drugs but they had evidence to mask travel trailer which is defined as a sixteen foot travel trailer that can be pulled by any vehicle that has a hitch on it there's no way quit met there there's a border patrol man who stands in the middle of the roadway there's a sign about  i don't see why this is any different well your honor it's it's not as bad as nice well i can see but it's not it's not like the other ones are i wanted to hit one more point briefly if i have any time at all and that's regarding facts when  talk about have to have you been trained and drug detection and what do these drug smugglers do and then when he testified at the end about his inspection of the back of the vehicle he indicated that the dodge caravans that gave him part of this reasonable suspicion supposedly that where he had located the drives was in the tailgate compartment and he showed it didn't care oh where the drugs should be and they didn't find any and they had completely searched the vehicle for drugs during that search so i just wanted to point out that this was not a this is not a hybrid that immigration and drugs wants wants the lady showed