check testified that at at the scene of the roadside safety check prior to starting it made the decision to stop all vehicles although the paperwork wasn't completed until sometime the next morning and the timeframe for some of that gave the individual field officers who were conducting this roadside safety check discretion to waive course through the safety check and made it made it to where they were able to make the decision as to when cars would be waved through their purpose for that indicated well i mean he his explanation was that he was giving them discretion to leave cars through if there was some sort of a back up or for safety reasons or or something along those lines but he did testify that he gave the in essence discretion as to when to make that decision and that that was not some decision that he was making or that somebody who was not standing there in regards to that waiving course through i mean i would i would argue that that's that's the whole point of of the regulations that were discussed in the prior cases is that the discretion should be with the people who's who set this up i mean the officers i mean obviously there's there are requirements in regards to you know the location being present active by you know someone who's not there and there being some sort of a public notice you know that type of thing and then there's obviously sergeant pepper who's in charge of this who is who is the in the field officer in charge and i guess from the defense perspective i mean those are the appropriate individuals who would make the decision as to which cars are a lot pass through which cars are simply it wasn't on that basis is there anything improper in doing that you know the words of our officer said stop all cars sure right but if because a traffic or safety conserves traffic is backing up too much but for the individual officers there i mean because obviously somebody who's like like i forget the name of the officer who actually initially set this up and did the actual you know organization of this ok there were officers there were named in the police reports and did they the guidelines that made the determination when this was going to happen where this was going to happen the time this happened ok the officers can say well actually they can say i take that back they would say you know to let the people through in order to clear the traffic so that doesn't apply at all the intersection just north of there because there's profit in there some sort of a danger there ok that they could do that because they think pre selected this area they see in the say when when this is a problem when there's a traffic concern when there's a safety concern i mean you've got office here likes to give an example they said over the four or five car stop come up and that was an anticipated by the officers scheduling this well actually this that i would assume that was anticipated by the officer scheduling this because they'd pre selected this location for a specific reason i mean they do this in the middle of the most busy street and the middle of the you know the most busy time you know in order to do that because of those specific reason they select a place and a location that will be safe and will be reasonable to conduct this sort of stop and when you give it up in which the officer discretion is to say this is a safety concern as far as i'm concerned  people through so that we can get the cars back up in front of this point but they didn't do that they left that up to the individual officers to make that discretion is that if it is interesting that's the whole point of this that's the whole point of not giving them discretion so that they can't sit there and say i'm going to pick up your car but i'm not going to pick your car you know i'm going to pick up my morning or what i'm going to pick the white cars i'm going to pull over all people who care to be mexican because they may not have valid li e so maybe i can stop them and get them on something else forces not stopping somebody else and so when you give those individual officers the discretion to say i think this is a concern or i don't think this is a concern don't have the discretion to look in that window or big decision as to which cars i'm stopping which cars i'm not and in this case so if there was clearly gave them the discretion to do that now yeah maybe they would have to say ok there's two or three courses here i mean if there's just one guy pulling up you know yeah i have to stop it but if there's two or three wave one guy through and stop another one or if there's more of my cars there can i stop the first one and then let the next three go through or do i love the first three go through and stop the fourth one how i made that decision well he said that's up to you i'm going to leave it up to you to make that decision as to which of those cars when it comes to a back up wh i don't care your side that's wrong because you got all this and looking in that window making that decision and that's not what this is supposed to be and that's why i say they should make that decision they could  stop every car that's the instructions but can he also possibly wave of car through i mean what would prevent the officer from doing the fact that the instructions are to stop every car i mean he would have to make it there has to be a determination that there's a traffic or safety issue but make a decision as to what were the traffic or safety concerns there were no rules no regulation no guidelines nothing to tell those individual officers what that would be and so they were able to make that decision and based on videos i believe that they were clearly course claims through i don't believe there was a systematic approach to that and you know for those reasons we believe that this stop because of the there were no guidelines in this regards to instructions on how well or what the traffic or safety concern was and that case state would maintain that the documents the wrote the roadside safety checks supervisors checklist outlines of the procedures to be used the officers involved in their old block procedures at the meeting prior to the officer work officers were told to stop all be at home however if traffic volume necessitated sequence checking according to this document sequence so that officers were given some discretion but not unbridled discretion in violation of partly also that officers were not acting acting with under the umbrella special if they use object of criteria to determine who waved through question guidelines to stop every vehicle unless traffic was backed up was sufficiently nonrandom to lay motorists fears of being arbitrarily singled out