is right you never reach the inevitable discovery issue of course that's not an issue that was addressed by the world court but those cases i know that the government's position in the response brief but the facts of each case are important and this wasn't a situation i mean i'm sorry are you saying even if we adopted to have more on this case wouldn't fit into th derivative evidence here is not the identity evidence it's the linking of the fingerprints that were extracted from him as a result of the illegal of arrest the comparison of those fingerprints  she confesses to the officer oh yeah you're right on i'm not pedro cologne this is my name i'm in the country illegally and then he's promptly arrested and on the basis of that arrest he is and booked isn't that correct i mean that's that's what happens and then as part of the the normal booking process his fingerprints are this was an awful rasputin but he was arrested he has confessed to being in the country illegally he now goes through a booking process and that's part of the booking process his fingerprints are taken now one of the arguments i think the government is making news that there is this booking exception with respect to fingerprints that could make that's perhaps not as broad a proposition as george bush was describing but that is did from the defendant i see that he was not who he says he was that was one of the purposes of the the the kind of writing as evidence of that fact when he and this was a joint operation between homeland security treasury and the f b i when the contents of the statements  of the parking lot the person who elicited the spate it's check with the treasury agent should i arrest this person or should i not it was the treasury person who was investigating need i'm trying to understand what your argument is my argument is that they were pursuing an investigation to charge this person with being you know we in the country and it pursuant to the investigation they were fingerprinting and that was the whole  detention one is without probable cause but the court has said ask you a series of questions based on the premise that that's a round up and because he was asked his pass has a question just because i think to some extent i think you're suggesting when you say the fingerprinting wasn't part of a routine booking exception i think you're arguing that actually the police have some kind of investigative be a later point in time the defendants fingerprints are found on i guess a document that is in the car and then through subsequent investigation they were able to link him to the social security fraud all of the other charges that he's phrase for money laundering and so forth but that all comes much later they did they did not know the results of the analysis of books taken from the vehicle at the time that they fingerprint him after his arrest for being a roughly in the country so if you're suggesting that they have some investigative purpose related to all those other charges are brought against i don't i don't see how the sequence of events supports distinguishing this situation from is the normal the normal case dealing with routine booking and fingerprinting has to do with the fingerprinting is unrelated to the reason that they put him in detention that the routine broken exception if you will where did i don't understand what routine routine means i thought fingerprinting and individual it is generally it's part of the routine booking so that think and i think it articulated the narrower waist and few of the booking exception do you agree with that i would agree that the forest service has adopted the na and the absence of some issue read there such an exception might argue please be raised by the facts here i think that's exactly right or your honor in this case because there is no evidence from the basis of certain discretionary investigative steps that might not have been taken out or not have been and i'm all for search of the defendants home in that case it was canvassing over travel agencies to find evidence of the defendant different rationale that's one question is sort of which has greater clarity which would be more useful going forward