looking for custody or interrogation and when i look at the miranda cases there are still many published and they're just all over the board and they are and i want to know kind of in a sentence through to why it's custody on why it's interrogation when hotel room in the maids in the room and you figure i go to my room some other time and you just go away the question this cont on the porch or you couldn't go and he did not but he didn't tell them the contrary either he didn't tell them that he was free to leave he didn't tell him that he was free not to answer questions he didn't tell them that he did not have to  weintraub i would like to correct one fact and that is you will find nowhere in the record where the officer said that he had probable cause where he told this very long that he had probable cause a twelve year old i believe that i have probable cause to request a search warrant and so based on that information mr anglong initiate a bargain because well what will happen to be if i like you and that's when you volunteers the fact that all you're going to find is what i show you and what i show you is a twenty two caliber pistol which i keep around for my protection so judge a can correctly found that the circumstances under this under which the defendant's statements were made did not constitute custody or interrogation and your statements that were made in relation to the firearms were covered by the public safety exception in the core ok if you have another front porch case that you can say this case is just like th made in the person own room the boarding house that's right and the point of distinction there it was number one it was in the person's room at the boarding house stock than it is a custodial situation where we have officers who are conducting a knock and talk based on informant information they have a reasonable suspicion that there is a criminal activity under for and then they see they make other observations of the scene which actually strengthen their suspicions and they stay within the parameters of parents tentacle suspect interrogated in home reasonably reasonably believed he was not free to leave i have that case your honor and  the i have it right here it says that the the agents requested the defense to accompany them to several areas within the apartment and in my camping somebody to come out on the porch well actually if it's not your honor i think that the difference is that we're now entering into the person's home as opposed to staying outside the home and the area on the porch i would say probably has le a privacy interest than the area is dark what were the other factors in but we i have one portion of the opinion highlighted in this would be on page twelve no brief you mustn't studied it figured out how to deal with an argument and in fact i did i did look out of your honor and i my understanding of it is yes they did tell you no at that time that they had arrested all the other side shaking situation where officers are entering someone's residence and telling them where to take them within that residence without the benefit of any kind of an advisement i think that's a much more like custody of harboring and in fact the if you tend to forget there was no war it was as in this case specifically confronted with the possibility of criminal culpability he was told that he might be criminally liable for harboring but and to some degree the fourth amendment because they seem to go every which way annmarie end up and i can't make sense of generalizations and reconcile them with routines like traffic stops where you're not free to go policeman asks you questions in serious traffic stops like drunk driving stops there's no question that the police are trying to elicit incriminating admissions but nobody's ever required a miranda warning was the reason for the miranda when you read the case and it was because in those days according to the decision which used to be three people looked at the station house still the supreme court wanted a prophylactic to protect people from getting beaten up at the station house and forth to confess and if i look at it that way it becomes very easy to sort out the case it's not much risk the police are going to you up on a front porch your house when you buy a busy road gets a little dicier if you're in a in a room where nobody else can see you and they fill the unit going anywhere but i don't so why should i look at it that way what i would say station the court didn't see it that way of the courts to his miranda is a much broader statement having to do with freedom to leave the company of interrogating officer regardless of where you are thank