or any other individual could believe that they could continue on their way with an officer like rob said person that right on their heels within our reach within his personal space  i don't know that the fact that the police were called to investigate something else actually helps your case i'm not i'm not privy to that that's a critical factor but i think a little bit and he was trying to pall away from his crowd and get away from the police to the right is the reality of the situation was that this whole incident took place within seconds if you look at arguing that i believe that conclusion was legally erroneous and i say that because if you look at all of the factors the fatality of the circumstances at that time no reason why individual with an defendant to control defense strategy in fact i think the us supreme court in examples is that they cater it's to the contrary they get to make the big decisions on a matter of strategy we get to make those decisions didn't really go into whether or not i was in the best position to make those strategies citizens and he wasn't trained in the law and that he wasn't trained to know strategy decisions i know he talked about the consequences of what of all the high crime area and it's not just generalized statements about a high crime area this was a high crime area where there was firearm violence so that back to was present secondly the defendant was personally known to the officer personally known to have a history of illegally head carrying a firearm the district court outlined how this does factor the substantial factor that really tipped the balance that second factor was equally present before he touching further the defendant's clothing heavy sweatshirt that could have concealed weapon that was obvious from the very get go and that factor was present fourth the defendant peeled off from the rest of the groups of the officers approach  the rest of the group seems to stay off as mr billon peels off from that group and continues walking down the fourth factor a pause there for a second to also distinguish something that was said which was that the vehicle cruiser somehow down the street i'm saying the officer would have been entitle to consider that factor as part of the overall mix of factors very far with the lancer my question i think very careful to say it was insufficient for some of these factors we're discussing so i think you have to say to sustain this decision below that he those ingredients that he committed waiting were worth some suggesting it's not an error to consider that and i respectfully suggest this is one of those perhaps unusual circumstances where a bunch of zeroes sometimes do that up to one using your analogy because i think he's both very clear that even a combination of entirely be reasonable suspicion and that's what's happening here and that's why the district we're sparring dings and it's analysis so compelling because the court each factor talks about which factors will move it more than others in every instance nearly every instance talks about why the findings of fact and given the factual findings of the or on this record when all of those factors are combined there is reasonable suspicion for stop and frisk in this case here they're not multiple officers there is no display of a weapon there's no physical touching until the point where you can reach rational conclusions