the first one is from my girlfriend's consent the way i understood her reading all the material in the excerpt basically the police tell her you let us search and we'll blame your cases i think we're just looking to make an overall judgment in all the circumstances to tell of the circumstances about whether it was consent freely given exactly the question is whether there is a material factual dispute whether under the circumstances ms johnson consented out of concern of being arrested if the officers did in fact find contraband during the search so what it looks like is she has made an intelligent judgment to allow them to search find but i suppose that that could be i guess if the officers if she did not believe that they were getting a warrant as detective rector concede in detective mcelroy that they did not have probable cause to search the fifteen hundred incident with this girlfriend and also that he had been i mean this whole thing unfold firearms and drugs too right so i find it hard to believe  that your time's running out the i think there's arguments raised about federal rule of criminal procedure forty one d and i'm wondering the fact that  officers he didn't need to go so far as to address the issue of qualified immunity however because this is the novo review by this court so those arguments be raised again as an additional argument to support the actions of the officers in this case there no statement before the grand jury or he denies that this was a consensual encounter a consensual taking back to the seven hundred address that he agreed he wanted to go back that he requested that opportunity could have been i suppose detained there and handcrafts i believe it was initially handcuffed and i believe he was transported in handcuffs but i think records not clear on that and i couldn't tell the court with dorie whether it was true i know that upon the initial contact with him that you want to go back eutectic rector and while he may disagree with it in the in the in the brief to be followed this court there's no evidence there's no evidence presented to judge dawson where mr burrell said that wasn't sure whether an affidavit form whether that position form or any kind of to go along and cooperate and be present when i search has been taking place in that is there anywhere in the record that they're afraid that he's going to show back up at the house while they're searching and be any sort of threat at that point is that is there anything like that in the record there is here well your honor if in fact that was the only others before the court that might be true that at least would be a consideration if it was in the proper format this is not an affidavit is decoration but if the problem of that if it were merely an on i see my time spier in the court allow me to answer the question thank you donna again the problem with that affidavit is twofold first it goes against a grand jury testimony secondly her statements other than well he's saying  k she's not obviously the defendant and that's how you saying that if something goes against her grand jury testimony then right there it cannot create a travel issue what i was i mean is that as a matter of relevant to whether it's a stop or an arrest as washington versus lambert recognizes there are certain defined circumstances under which the officer may use handcuffs and may use a firearm to take down and not to take