good as any information that a police officer gives that the magistrate or district judge whatever the case may be in this case it was a district judge in the case of us state of why versus john but the problem your honor i think really goes back to what was all any other cooperating information that this officer had and essentially he had zero and it wasn't until the thermal imaging device was used on this apartment y comes along and take that thermal imaging evidence now declaring that it's illegal without a warrant then you may very well have an invalid affidavit in support of the search warrant without that key piece of don't you tend lose on that because i can clearly established at the time the warrant was a no i disagree and the reason why i disagree is because a search warrant is only as good as the information that an officer puts in it and if there's other collaborating information that's put  that is misleading or has not been and put a end to you know clearly delineate all of the relevant facts so that the officer so that why an electric well but even now that's my next argument because it's excessive to what because the problem is that he's putting information in and the search warrant about other people with a similar unit in claims reasonable majesties will police officer suspect if that points that there was a store called rage and that's pretty good evidence to have probable cause to believe that something illegal is going on and well that may be but my my main problem with this is i feel the officer was somewhat misleading to the district court judicial officer because of the fact he just instead of instead of saying you know wh on will be referred to as an informant i read that is saying the person may very well have identified himself to the officer but wanted a promise of confidentiality that his identity would not be reveal so like why can't i reach that language that way or you could read it stashed away but on the other hand you could read it even if he did tell you who i am it's certainly somebody that is not known to the officer if the affidavit doesn't say that i know this person has provid suggesting that we don't law claim another one nine hundred eighty three clinton yes and that's the point of the appeal is that i think that the district judge was wrong in not allowing us to pursue these claims down in the state court level if the federal if the civil hundred eighty three cause of action for the media for invasion of privacy i think that makes you kind i think that given the federal statutes and the federal rules i think that there may have been case it was originally not let it get it until we got into the case and discovered that the news media had been allowed in in the course of the district court did make a decision right well the issue has qualified immunity is i don't think the officers on if you're discussing the news media issue i don't think there isn't a question of qualified immunity because the only people that would have to have the the property i mean he could say to us let's assume that the news crew arrived somehow they found out about the execution of the war and used crew arrived it showed up at the door as a homeowner are you is it your to why property rights well i think in the course of the police executing a search warrant they haven't certainly allowed somebody end into a resident while they're conducting a search warrant is and i panel has heard numerous search warrant cases i don't know how many times have you ever heard of the police executing a search warrant having at a news media or anybody being allowed into a promise while the police are  and parcel of your trespass and invasion of privacy claim he still has the right does he not as the homeowners say i don't want you people here i don't want to be on camera get out of he may have he may have but i would say my position is that regardless of his property rights when the police are executing a search warrant they take control of the property it is to put it out to an extreme extreme us argument it's  no different than a landlord giving the promises to a tenant and it's the specifics of the same if you can extrapolate that analogy out but it's it's sort of like you know we're the police we're here now we're doing this job you can come in after we're done well the war but not while in the course of it and then and then not allow the news media to not only interview mr detroit but then have the police take them through the house nobody would take responsibility for a lie the man and it was just sort of well we've got this tape that h p t made join the news media there and who made the videotape we don't know well clearly the media has a right do they not i mean film at eleven you know they show up and crime scene and start you know taking pictures and they do the on camera thing in front of the house and all that stuff they have first amendment right to do that you surely do but only to the extent that the law enforcement officers would allow them to come in and do that and it's not until after the law enforcement have gone in and secured the scene got the evidence that they need and certainly not in the course of executing a search warrant well i will grant you it's unusual to see the media actually come into a crime scene and the only way they would do it would be if the police allowed them to do it there no question about that but does it make a difference from a their news duties and happen to show up at the scene and you know but no officer in charge of the scene had the presence of mind to tell him don't come in with your hair without make a difference in your view of the law no because it's my view of the law is that if the police are executing a search warrant they come and i think you know this is the second part of this that i think is egregious is when you look at the videotape you see mr detroit down there and what is happening is you're having mr detroit making  news media about the growth and so now of the sudden even though you don't have law enforcement officers conducting an interrogation there is so much circumventing his constitutional rights to remain silent by having the news media getting up there well what do you think about this and i have to answer the question this would be the first time in the history of me well somebody made statements to a member of the news media no i later used against them well that's true but that's that's right but not in the context of having a law enforcement officer standing around there while this interview was being conducted he didn't have to answer the question is my point i mean he chose to answer the question and you have to do that well that's right you didn't have to but at the same time he had the h p d to follow their own policies and procedures  know you've got to tell you i wish i could find a different term than qualified immunity but do public officers have any kind of a defense to a tort law cla applied to federal fish and wildlife agents in hand when that doesn't apply to honolulu police officers in the state of hawaii so the question would be whether there's an analogous state so that you that was on the books that i found that i could see just i know he's made this argument but it seems to me you might be able to distinguish the application of hand when on that basis i did research the a privacy issue regarding media  made and that the news media was allowed to come into his residence in the course of the execution of the search warrant so the state law claim was discovered so the state law claim was was discovered and there was no finally able motion to that the right alond was included along with the one nine hundred eighty three actual you call it a right along but can you all right i mean allowing the media yeah yeah into the into the videotape that we've looked at i assume was filmed by a home a loop police officer that was my qualified immunity statute works as a yes or as qualified immunity there is no immunity in the course of a police officer or administrator carrying out the ministre duty carries it out in a negligent manner you want or negligent manner in other