specific questions only the question of whether this was a seizure from the get go i'd like to focus on the second question i think is presented here which is what does the suspect really have to do to tell the police that he wants to bring  meaning a warrant when the answer to this question is no he says no you can't search my bag and at that point we have for the first time in the discussion the second officer officer past steps forward and says well very question and i think he have the physical ability to say no you can't search you can't smell my bag but i think the question that we're getting at here is would a reasonable person have felt freedom  after he just made me think you know you can't search well that's correct that having just said no you can't search now the question is and that that was in some sense ineffectual because the officers are still standing there i guess my point is by telling me they couldn't search in the really saying i want you to go away i wish to be left around and a question i ask is what other words your argument is that the the smell question should never have been asked was that you know and that's when when when when the agents crossed the line that's basically right they asked if he could search is again he said no and at that i think it's something i think i suppose that's probably true but i think that this is we're not supposed to evaluate this from the standpoint of what was in the bag which of us to ask this question from the standpoint of what i agree that i was not happy when the train decision came down today before my hearing but i will concede that much because i think i wouldn't have much credibility if they didn't but i didn't hear the question other it's three and a half feet deep i think that he's sitting down he didn't even stand up i think a reasonable person would feel somewhat ganged up upon in this situation so there is th fairly clear that he's manifesting it or say or to bring the meeting to a close the courts have to honor that otherwise the whole notion that these are voluntary encounters is really starting to break out of kind of  the individual decline in united states versus malone under those facts the defendant in that case did refuse a request to search the encounter continued and the encounter was deemed consensual by the court in that case so that kind of rule has already been rejected maybe not explicitly but implicitly by the findings of that court the idea that or hoggy gives precedence to this the the apartment building where he lived the most protected kind of space they demanded to enter his apartment rather than request it they brandish their weapon they used no fish and threatening tone  was to stay no single factor or controls and the question of whether you advise them is to be given no more weight than any other factor of proximity or number of officers or location those are all to be viewed within the entire context and no single factor should be given any additional weight and great was quite clear on that point i think to some extent defendant is making the implicit argument that somehow making another question or continuing the encounter after it suspects there's no you can't search my bags is somehow overly persistent i mean i think that's underlined with you saying that somehow you can't ask any additional questions and i just want to make the point that because it came out in the briefs a little bit and the district court also talked about this persistence issue that really the case that doctrine was cited by for me where of course it was found not to be did find too much persist in saying nothing they were in the middle of the night not in a hotel room door for three minutes then knock on the window for an additional two minutes while shining a flashlight in the window and yelling that they were the police s was i don't think it does i mean i think that can be a factor which the court can take into consideration for example if you or there's a lot of other people there  go directly to you back and be a factor that the court considers in determining whether that makes it more more coercive or not but i think in the absence of a context which makes it obvious that that came into that that added to the coercive nest it doesn't necessarily make it more or less coercive and as we pointed out there was no way for this suspect or a reasonable person is his position to know whether he was being singled out or not magic words in order to bring the encounter to an end i think he was saying he doesn't want to be searched thoroughly it should be fairly clear that if you don't want to be searched what you're basically saying is i don't wan bothered anymore please go away and in light of the fact that mr harnett didn't have any way of knowing what he was specifically to say convey that message to the officers i think we have to give him the benefit of the doubt and also