seventeen dash one six nine to the united states versus hazardous other people looking at this situation could easily conclude that the car needed to be moved to housing do you concede that the question is  one solution was to tow the car here there were two solutions they could leave it there and take it or they could they knew the owner was in the vicinity and so they they just have to wait till she comes by and picks up her car on a saturday night and hampton beach they're supposed to looks a lot like a lot like pretext because because the police have an easy solution and they don't want to tow the car so they could have it and they said so and so they could have just left us with your argument is that it in the sense that you can prove that they had no community caretaking motive for what they did for whether you're trying to say that objectively even without evidence of them having was not yours for a very short time or a gun was later got located and the gun was not your gun it could not be seen by some very sober police officers and all at all three of whom had had flashlight shining in the car for quite some time and the only information added button when mr davis testified was at the station and he said if there's a gun in the car it's my wife because she has a comment but i don't really know about any gun in the car and that was no l that when i drive as a restaurant and there's no one on hand to take possession of the car and impoundment is a reasonable choice before we even get to the question of hazard so that happened here a car the defender was arrested for driving while intoxicated the police actually did try to see if some of us on here to take possession two men stepped forward to say they were friends of the defendant the police often a chance to take possession of the car they refused the owner of the of the car was nowhere around and so you had the defendant being taken away and no one taking possession of the car that alone at this court's precedent is sufficient to impound the car beyond that this car was in a place where would be reasonable to not want to their judgment i think correctly pointed out what i was thinking which is a handicapped person very well could want to park in that spot that to have it all point another one if a car is parked correctly into the space is a much smaller surface area for a drunk driver  driver to hit the cars in the parallel position that surface area is much larger so the police could certainly conclude it's not a good idea at after midnight on july fourth weekend at hampton beach to leave that strange about the case the gun is not found when they do the original intent or research yet said i understand it it is lodged between the seat and the console so a little bit down now  can't find the gun the facts are as you say they are as what i take it to me to rationalize what happened is that when he went in to reach into he's in the ignition it provided the angle where he saw down there but you know i wouldn't say that that's what i put to the facts and it doesn't it doesn't go into enough detail for us to make that conclusion i made it but it doesn't say that per se that's an inference that i've drawn but you're right to say that on the initial him in tory search the gun was not found it was found when he looked he went in to for evidence or for the crime just a clerical found no i think that makes sense in many ways and one of them is that there was no reason to be around the gym in the investigation there was no evidence of a gun nobody was talking about a gun the evidence was drunk driving gun while the police were interacting with him he kept dropping his hands to the area of the gun he put the bandanna over the gun there are alternative explanations for that but that's not what this court does on this kind of interview we the government doesn't need to disprove every other possible theory hiding the guns one piece of evidence another piece of evidence are the changing stories that defended seem to take suggests he knew the gun was there at the police station said the exact opposite multiple choices he could make a choice one to keep the keys and self choice to him the keys to the tow truck operator choice three put the keys in the car so they stay in the ignition and that's when they're left that's the one he chose because