strong suspicion that a drug deal was going down often times and i think they wanted to do it in this case stop the car and then house them unfolding either all the client gave consent or that something after the arrest after the funny the agents got into the car based upon the fourth waiver of lee howard the passenger they did not get into the car based upon this the rest of carol heinlein and then the search subsequent subs the search by agent don hunter the excerpts of record that are relevant for your considerations would be around eighty one eighty three eighty five those are agents hundreds of words and he was the individual who in october of two thousand and two was conducting a surveillance on an anticipated drug deal an individual showed up in a slower mustang with you top placed later identified as the appellant tera hamline it was during that interaction with a and informant the theory that lightning doesn't strike twice approximately a month later in november of two thousand and two there comes a series of events that brings forth the case before all of you in this case as it happens isn't hunter was in fact part of the same surveillance this is the same agent hunter who had already looked up the facts to find out that the silver ford mustang with utah place was registered to kara hamline at that time the disk surveillance was being monitored by special agent barry cock of the drug enforcement administration and they were looking at a gentleman by the name of lee howard whose names come up on several occasions as indicated in our brief and has indicated in the record before this court of the extensive record that anticipating the car handling was going to show up all they knew was that it was a female source of supply referred to as her and informant had contacted agent cox said that we didn't discourse she would be on the way and lo and behold here comes the silver mustang with kara handling it mr howard did not have a drug deal with the informant that night in fact the record indicates and it's been presented t his informant no don't deal with them tell them you're done and then mr howard in the tan line we're seeing in the film the mustang and then we come to the while driving that was quite documented in the record on a operation but in any event it came into view immediately upon the unit coming into view the police car the silver mustang went rapidly into reverse squealing tires  flying around in the other direction stopped and both mishan line and mr howard bailed out of the car and went running leaving the car abandoned now was the government's position my question if there was not going to be a transaction  intent to distribute which in fact was charged in the complaint but that's after they found drugs and the problem is if you don't to get back to your opponent's points if they don't find anything there's there's there's no charge it could have been fraud in this case obsessed really do you think i think that may very well be true your honour's but in fact drugs were found no i understand but because they certainly have probable cause to look in that car after the two individuals one failing are running you're having trouble this morning as i rightfully to articulate the basis for the arrest at that point absent the drugs you didn't have a conspiracy provable counter surveillance and and they can see i based on or on for what for conspiracy to distribute drugs based on the communications by mr howard to the informant that source of supply was coming and then as soon as she drove up she had already been you for the earlier i feel because the earlier dealt there was no evidence that she had actually been involved in that the other was only evidence that she would be potentially willing to be that's correct so the kind of an arrest you know from that you know they weren't with that as part of the evidence that was in this case was representation that she was going to arrive with walk around and that's what he told he told the informant she told him now does does it matter that he's not the informant he is somebody else for all anybody does he have to be because once this over mustang showed up eight hundred was there you have the collective knowledge of the agents he already knew that she had been involved in a previous drug transaction my understand of the ultimately ask me i mean this is a the only thing i can suggest in this particular case is well for purposes of a broader discussion i guess it would be in mr howard was already under investigation clearly for purposes of drug distribution he was obviously known to the agents as being a drug distributor and this was a case that was monitored throughout the evening kind of step by step she's on her way she's got the pan we're on our way and everything that mr howard seemed to be saying was certainly corroborated by the knowledge that she was going to be arriving with the pound and she had told him i'm coming with a pound that would be different but we have we do have an interaction that's the we have the intervention of howard in the middle however his words for corroborated by her physical actions throughout her being the driver she's showing up at the vehicle  the facts unfolded in terms of the preceding actually seeing the drugs i say you know and that's what happened here now what about the government's argument that although it wasn't charged there was sufficient probable cause to arrest her