the impression that this drug dealer is using his home for a drug counselor we have the unusual circumstance here in the national answer is the judge who signed off on the warrant he even looks at that paragraph he's unprobable i mean he goes he doesn't he doesn't accept for a moment the notion that he was misled by it but that in any way contributed to what he be grounds for vs he wondered if he was over history it is no surprise that the judge remained  cognizant of what cost him to be over hasty because it was done in such a subtle manner the government says well if baron wanted to be misleading he could have done it much more directly hope wouldn't  work nearly as well as having him say to slip in that and also his phrase but of course question if it was more directly manipulative or deceptive here it by and the judge didn't even notice this is what caused me to be too hasty in this matter this is what about what about the cell phone i mean you know we're living in this technological age and person when they are in their home and also when they're out of there that's right so there's no basis i think for concluding that he had it in its own as opposed to near the car somewhere else where the phone came and in fact i think if we were to take that reason in your honor say i'm on my way into the office where i do all my work i get a phone call on my cell phone which i us for office purposes mr hersh i have to see you in twenty minutes does that mean i'm not now using my home as a workplace no i think you can make exactly the opposite argument of what your iris made regarding cell phones that they decrease the likelihood that you can consider a place where the phone is used as a work place is there any yeah yeah so therefore they were before elsewhere i think that when there is a question there are several questions there i want whether we can be sure that  it was there were not involved on street to know whether we can be sure that there are he hadn't just or we can even draw the inference that it was something other than and having just run out  finding that he didn't use his home at all taking plain pains to separate business from home doesn't mean you do some of your business at home not the instance where he calls off the party who supposedly on the other end of the drug transaction and says there's a there's a police vehicle in front and that's when they go to the unclear whether it's seems unlikely that he was in the current time he made a phone call or likely was in the poetry department but i still don't understand if the phone is an instrumentality of the crime why it's not reasonable for that reason i think that is a scary prospect but he is making phone calls from his home well we my notes are that the police saw the infiniti leave from i would stick to my previous argument that to make such an entrance would allow the scope of search expanded acceptable to anyone and absent any other questions  a number of texting is leading up to the transaction and as your honor is noted and based on the timing of the text and when the vehicles were rare why doesn't that that argument lead to the kind of per se rule that the judge worried about and your argument seems to be that if you are a drug dealer with a long history as a great deal indications if you're dealing with drugs on a large scale and you use a cell phone if they're there by follows that you must have evidence that greg i can put it in your home why why isn't that think that it does i think what the affidavit demonstrates is that there are a number of other factors that add to those factors i think that there are those factors all to demonstrate that there mr barrett was a long term drug dealer he'd been doing this for over a decade the volume is in part so we had transactions of more than seven thousand dollars of one customer so that's for five ounces in that instance ten ounces were sold one surmise fourteen ounces  fourteen thousand dollars so you have a large volume that's actually a lot larger than your normal kind of low level transaction and you also have the vehicles the vehicles that mr rivera was i reported to use during drug dealing  confidential informant has also inform law enforcement that rivera resides there the word resides as use resides at fifty six merlin street with his girlfriend and uses resides and uses that residence as well as a as well as a third floor apartment at six beaumont street now it's understood that he was using the third floor third floor apartment s carry out the transaction look at that sentence and uses that that residence mervyn street as well as the third floor apartment of six beaumont street the argument seems to be that without explicitly saying so the government is alleging there without any basis for doing so that he was using his residence at fifty six merwin street and the apartment the trancelike right and the use of the word uses that this is the the government is being a little cute there is trying to distinguish between resides and use uses in the sense of using it to carry out his group activities in the higher paragraph of drug dealing and in here twenty which follows there is no reference to drug dealing with respect to fifty six when three and so i think they use it there is it's not referring to drug dealing it to believe that drug dealing was occurring at fifty six months free but rather whether evidence of that drug trafficking which can include proces cell phones contact lists all sorts of other things firearms to protect the proces drugs and drug dealers and self which like a cell phone is something that an individual would carry with him and not leave it a stash out necessarily because it wouldn't provide the protection at all instances so i think that uses here while again not the most perfect sentence is not indian it is misleading in any way and maybe in the us but in terms of ambiguity this court has routinely found there are excised and it and a review of the warrant be conducted in order to determine whether it might stand and early on without those statements and if there's nothing further from runners up the government