motives to you know the contractual right as i understand the subscriber agreement to verify that this customer is paying for all the electricity that it's used and therefore are corowa their fright  for the private search cleveland seems to say that the power company has a perfectly legitimate reason to enter on to the subscribers property and i guess the unspoken part of cleveland is doesn't really matter actually go to the property to see whether or not the wires have been spliced around the reader that the fact that the power records show normal usage doesn't confirm or deny anything  maybe at that time but there are you asking us then to retroactively apply to the prior entry by the two meter readers which they clearly have a right to do under the subscriber agreement in order to conduct their initial did know what i had met in my brief was that they didn't specifically know x the moment and that's important to the facts as it applies to the law in the case because right what did happen is that mr sprague received his information and quote put it in a basket and waited for the time when we were otherwise in the neighborhood and we would look at the m that shows routine response to a piece of information which he also said we get from all manner of sources all the time we have a very strong interest to the tune of three million dollars a year and in no way whether or not for stealing our power in a way i'm a little less interested in whether it's routine on the part of the few g s then i am and whether it is done at the request of the law enforcement agency the trip comes from law enforcement in response to the tip from long fortunately then i have the entry on to the property and in that respect is different from cleveland i'm trying to figure out how we're all trying to figure out whether that difference is i'm not i do know that in cleveland of course specifically  boothroyd property only that day if you can call the police and said i'm going to check a meter please come with me with the ice to be at all fours with cleveland but they didn't even do that they went is acted on in the normal manner of a theft of power inquiry and he only has only without calling the sheriff's office after the lapse of ten days or two weeks goes to the that we are by my nature over a case law forced into a long term factor inquiry in which all we have areas which is clear that the private parties acting on behalf of the police areas which is not clear if you go back to miller and if you look for a while at the miller facts you realize that the f b i asked the victim please come to another state or to look at some property the police are actually would just i would i would continue with your hypothetical your honor p g eight if it needed a warrant didn't have probable cause to get one we've already heard that they looked at the let's let's take an airline carrier who may not tary certain goods such as oxygen tanks because of the risk of fire and explosion as we saw with the value jet dangerous goods true that would be an f a a violation as well but it's also a serious safety hazard for the airline and its passengers and crew should the policy of the law be to require the airline in that case to comply with the fourth amendment before it can conduct a search of the cargo to see whether or not dangerous goods have been loaded into the belly of the aircraft i would submit no your honor that is too high ok well you got the answer investigator the origin of the package the person to whom the package is addressed information like that that is clearly about investigating the crime and the airline people should go grab the package get it off the plane and afterwards everyone can do whatever factors would you point to to suggest that the fourth amendment violation was triggered here besides the initial telephone to the p c in cleveland the other factor as the court  even be present for protection correct but that i think cuts against the government's position in that the only reason for police involvement in the search was one from which the fourth amendment protects us in other words they were not there to protect