he could come back and if that were true that he had assaulted her with a firearm it was him that if he came back and he had a rifle in the closet that she was in danger reasonable for the police to you that is that if the circumstance because the evidence was that he could not return for at least four hours he's about to be taken into custody it would take him at least for about four hours to bond out that gives the police as well that he could not return are he would it take about at least about four hours to return home after he was arrested by police we could get a warrant in four hours well that's the problem with the exigent circumstances exception because the government wasn't relying on it below it it  appeared the district court raised it after the conclusion of evidence there was no evidence introduced by the government and it's their burden it's their burden to prove by spitter particularized evidence and they have a heavy burden under this court's authorities to prove that a warrant could not have primarily motivated to arrest and seize evidence i guess primarily motivated to protect somebody and third there has to be a reasonable basis to associate the emergency with the area that searched like i convicted of domestic violence the fact that he has a shot that in his possession is visual crime when he says i have a shotgun in the closet why isn't that sufficient probable cause to go get the shotgun in the closet and get it on there right away phone and asked me where is the gun and i go what gun then i go i remembered i go oh shit there's a gun in the closet and i hang up the telephone i wasn't why isn't that with knowledge that he's prior convicted to ensure their continued safety to address judge based point about the warrant and the state of the officer's knowledge at the time he took the gun the district court specifically asked the officer whether he knew at the time that he took the gun that this defendant had a prior misdemeanor conviction for spousal abuse and the officer said no the district court actually also asked the officer whether he had reason to believe this defendant was a found which i don't think he has and the officer said no the officer found out about the outstanding warrant and the prior conviction at the station house that is the testimony below and to address judge silverman's point about getting a warrant as the government argued in its brief there wouldn't have woman may be in danger from her husband if there's a shock in the closet so that kind of comes down to well as they have to go get a warrant to get a warrant to get that shot or does he have to go grab the shotgun and search then to be safe well that's right your honor if if there was probable cause at that time to believe that possessing that shotgun was a crime then the government could conceivably balawi as i understand that makes that this is a threat doesn't update that needed me simple for the officer to think that notwithstanding the fact that this defendant would not return for four hours that that leaving the shotgun there would present an ongoing danger to  into the family the defendant had demonstrated a willingness to use a gun to threaten his wife although it turned out later that ms work pays that wasn't telling the truth to the officer and that's time the officer was told that she had that the and they focus on the fact that there's got to be a cooling off period and on this record on these facts it was reasonable for the officer to think that for i was was not enough there was even evidence that there had been an altercation an actual domestic five miles case typically the defendant will bail out and for hours there any probable cause accidents circumstance cases you know dealing with those two issues in the ninth circuit or the supreme court that are focused specifically on domestic violence focusing on the four hour gap oh i just want to know if if the ninth circuit or the supreme court have addressed probable cause in ex of other people because he thought there might be a drug lab in an apartment but that case actually did discuss the differences between exits and circumstances and the emergency exception that i have my questions really focusing on whether those issues or the emergency exception any of these issues whether they've been treated by our court in the specific context of domestic violence i don't think so the message violence is a different kind of a crime than you know fact that's why the district court judge taylor below actually sought supplemental grief think if you review the record the judge is thinking aloud and asked well there's got to be some kind of an exception for circumstances like this where the officer is acting not out of the law enforcement concern not for a law enforcement purposes such as collecting evidence but that is the kind of public safety concern and the judge in fact was right in the government's briefing actually cited  any wouldn't have any basis to think that looking in a kitchen drawer would have actually addressed the specific threat that he was aware of that he had been told that the defendant had brandished a gun at his wife and the emergency four hours or how long or however long it took until it was procured well you know i don't believe that he could have gotten a warrant that's that's really the problem here and i don't think that there's any way that he could have justified th crime would have been brandishing the handgun if there was any crime at all it would have been i suppose brandishing a handgun and the shotgun i don't think would have been evidence of that crime now what your honor is getting at is that the shotgun does present a danger and that's exactly precisely that reason that we don't require officers to articulate their basis in emergent emergency cases for suspecting the criminal activity of is afoot because that's not the officers purpose and indeed in this case he couldn't have articulated those facts he was not acting out of that concern and that's why the emergency exception is a fairly narrow doctrine you've got that requirement that the officer subjectively act out of concern for others and for supplemental briefing in the government and the defense in its supplemental briefing on the issue and the government supplemental briefing discusses the california statute dealing with stranger weapons during domestic violence incidents and that's you can only take place under