g a residence while a search warrant with being procured was searching down before the search warrant is issued because i know they may get a search warrant since the courthouse opens up but they have come into the house of two thirty or so in the morning correct are they searching between two thirty and nine o'clock the only thing that is done is all three residents are put in or are sitting in the living room and they are they are secure there and searching is going on they can use the restroom  as as we've argued simply under a strict fourth amendment analysis without even getting into the nine hundred eighty three analysis our first argument is that there were accident circumstances here owing to the nature of this particular narcotics investigation but even if that were not the case the question then becomes as the recent burstow case that i cited in twenty eight a letter that i clear in fact the state court judge in the underlying criminal proceeding found extreme circumstances we're not arguing that that's do we have a copy in the record of the proceedings in front of the state court judge either the transcript or the state court judge's order and so on i looked and all i could find was a sort of an excerpt that's quoted in some papers rather than the gravel now than the the actual document or whatever the was a state's parrikar judge thinks it's ok well that obviously is a point in favor but i sure would like to know precisely on what grounds the state court judge thought it was ok i understand and we did quote what he had to say in the brief and why w you put that in the excerpt and i'm sorry i thought it was so it might it might be but i was unable to find it and that that concerns me believe me so i will get an answer to that question where you may be able to get the answer between the time you sit down and stand back up again exactly and meant in which case no it's not have obviously wouldn't wouldn't wouldn't be an appeal at that point the bottom line point is if it's a superior court judge still found how can it be unreasonable for office when you say i want to know what spirits are judge founded on what ground for example you just told me that no searching occurred until after the search warrant so he had the argument from him might simply and then it was a valid search warrant rather than the question about the entry beforehand then of of all they're doing b as i've done in my briefs that basically whether or not judges should see thought they were exigent circumstances and i'm not sure that it's clear even from the statement that's quoted by the opponent that he did because he those who are really stupid and those who are who have evil in their heart you are going to have to have somebody here who needs to know obviously that they've crossed the line so what's the what's the case that establishes the line that we tell these officers text statements that that oftentimes people at the top of these organizations do not have drugs on the premises but then officer who had taken the same statement says that there are other things that are often found at that at at that at the so that that may be my fault so i apologize because your eyes concern is that is an absolutely valid well if it's on the record we can do that it was in the extreme so what happens is one judge gets the full record on among the three of us to the other to get the excerpts on line and then you and then later on we can kind of exchange and pull out of the record so on i think it is in the record or you're not sure it's in the i'm not sure i cannot stand here and say one way or the other whether the copy of that transfer is in the record i don't know what kind of transcript and all other relevant documents that would let us know precisely what was in the mind of that scary court judge absolutely yeah i thought no i think i great the other point i wanted to make which is which is obviously the point that judge white he was making stupid but you know  what was the exigent circumstance here the exigent circumstance was one of the lower level people in this drug investigation is arrested and when he is arrested he tells the arresting officer they're worried about this guy shot man and he's the big dealer and they do insulate themselves we know that they're just a few minutes away oh i'm here right there it's a house you know somebody goes around the back you know you knocked on the door they don't know when answers boehm you go in three hours that way you know and if they need a search warrant then you telephonic search warrant and that right are people on duty that judges on duty and when if there's a real crisis and they really you know want to a search warrant and there are no exigent circumstances well of course it wouldn't get one because you can't get a warrant to come in at night can you you know wait to whatever it is seven o'clock in the morning for you can make an entry and i write and what you think these police officers knew that home they believe he was at home yes and the officers i mean i guess i shouldn't say it this way because it's so i make it sound like a trick question judge wilson says yes that during the entire period or surveillance the officers never saw packages that looked as though they might contain drugs go into are coming out of that house whereas they'd seen cardboard boxes and various things towel wrapping things elsewhere but they'd never seen drug screen or out of that house  against you that they think that the observations that the officer made that certainly only the times that they saw those things passed that's true if you go back in time is the logical inference that's where they came from but in terms of what they constitution you know i had one time i had a da from orange county argued to me that the that the that fourth amendment doesn't apply to orange county you know i mean he was serious about it i have no i don't want to leave or judge ferguson if you've got another concern