and would you do this please and we've all read the briefs of course you know the record but take a student a chronology here because if it is a little unusual or at least it's a little detailed when you consider that you get two individuals i think four vehicles several officers in several places it's for lack of a better characterization it's not your typical stop or arrest of this guy it's not i appreciate the question because this really that it had an aftermarket compartment he told his taskforce they decided to surveil the car so happened officer vargas saw this when he was on routine patrol it happens and he's one of the national experts on aftermarket compartments  testified that he's going around the country training people on this and and what is found in such compartments so they see this he knows what's going on they conduct surveillance all day long from seven thirty in the morning and therefore forty five sees th two gentleman arrive mr jimenez and mr baez and they get into the vehicle there are now a number of officers seeing this an amateur detective henry has the best view he sees really suspicious activity going on inside the jeep cherokee the two men get inside one of them goes underneath the dashboard while the other crawls between the seats and goes into the rear of the vehicle even though it be easier to just walk around open the latch to back  and look inside or whatever it is you want to look at and they spent about five minutes in these positions and then they switched the person who's in back of goes under the desk where the person is in front crawls between the seats that goes on for another five minutes and so already i think you have reasonable suspicion here what happens then is they drive off in the jeep cherokee and they drive it to both of them and they drive it for a valid minute and wind up hark in the jeep cherokee just about a half block from where they started they could have just made one turn in order to get there instead they make several turns in a secured his way and the officers know what's happening here this is classic counter surveillance to make sure the nobody's following them are watching at that point both gentlemen get out of the jeep cherokee and they go and they leave in two different vehicles they had arrived i believe it was in a ford explorer and they are they were together they were together in the ford explorer surveillance he gets out of the van walks back to the jeep cherokee in its new parking spot but along the way he's looking into every car along the way because he's still conducting surveillance to make sure they're there's nobody there he then gets in the jeep cherokee again for the second time now and he drives off detective henry follows him and i believe it's about that moment using the marker and that's where he is but this is about that moment that detective henry hears on the radio from officer vargas that they have found drugs in in the ford escape so he follows i mean this is this is in the course of henry's following him an are definitely their system i e they actually have two radios they're using they have the police wide radio band but these task force officers also have their own radios that they're communicating with each other and vargas says that's how he's staying in direct touch with henry throughout this so henry gets behind the jeep cherokee which is now in motion flashes his headlights to say he's there anyone to stop the car and instead mr a man is in the jeep cherokee takes off at sixty to seventy miles an hour in these narrow residential streets barreling through several turns henry night this is just at sunset it's shortly after sunset so it's probably twilight at this point  doesn't escape from henry he pulls over gets out of the car henry gets out immediately from his car he said he yelled police as loud as he could from about ten feet away and humanise takes off on foot he's in returns to the jeep cherokee which is now abandoned the that mr hernandez has left minutes later he put on a radio call of course and minutes later an off duty police officer in the area finds a minute isn't there and he's found hiding underneath a car about a block away by an off duty police officer that is announced on the radio and so at that point henry goes over to where they have apprehended mr manison identifies him as the they do not formally say he is under arrest instead they call for a drug detection dog and the probably because they want to continue the investigation unfortunately no dog is available because unfortunately a police officer was shot at the same time can just say from experience i this is not on the record but these dogs are well trained to do lots of different things and searching for people and their strengths and obviously when there is something is when someone's got a dog  come in the back of the he's got exactly the scene next to the jeep cherokee eventually at about six fifty four i think it is a dog does arrive from the white marsh police department which is good enough to lend one of its dogs the dog immediately alerts on the vehicle they still don't search the vehicle they still say they impounded it and apply for a search warrant and a search warrant is a point around them why didn't they apply for a search will resume waiting somewhere in turn they so maybe that's something else that they know as to how long it would take to get a warrant but i think the i think the police are to be commended here there following an orderly procedure in getting the drug detection get the guards they get a warrant in that in that exactly now i would say and i would have been had no problem standing here arguing that they could have searched that car without a warrant without a dog one minute after the menace took off and what they say based on the automobile exception i mean there  probable cause after everything i've described with the aftermarket compartment with the two guys going back and forth with one of them being found with drugs in his vehicle with somebody trying to escape at sixty to seventy miles an hour you have probable cause to search that ca have a p c discussion it isn't isn't that the easiest course for the government here simply to pursue the probable cause to arrest co would permit the search of the car based on probable cause without a warrant the second would be as a search incident to arrest the supreme court that one might have problems with because there's no good in his region that's right but the supreme court case in the name of come to me in a moment the recent case on that holds that you cannot search insulin to arrest a vehicle that the person has left if he has been detained except to search for evidence related to the crime for which he's been detained so under that recent supreme court decision which question the easiest course here i am speaking i hope not with too much confidence with regard to both things here this was a terry stop another johnson decision in this court where the men are taken out of a taxi at gunpoint it  are you believe you became a very very law terrorist it was a very long terry stop and that's where we get is why i suggest to you is it isn't the better course for you the p c to arrest we feel very confident about that course as well your hon you without the pause it of alert from the drug dog i believe so certainly i think that the bay evidence here as we said it supports probable cause for arrest and the search without the alert the you have based on what's going on here with the aftermarket compartment and the activity in the jeep cherokee and mr baez being found with drugs immediately thereafter yes there's probable cause without the dog or is there anything in the record as to who the jeep was register i don't believe so i don't believe so your honor there was a lot of testimony about the ford escape the bias was driving it was in a different name but no i don't believe s of its use here in the record of the procedures police would use this is when they took the car in  carry i don't believe any case is ever held your honor that the police have an obligation to ask for consent before following another permissible procedure my our speculation here is that where you've just chased a guy for eighty minutes or what have you in order to get the dog but that's hindsight they don't know that they're following a procedure in the ordinary course within twenty thirty minutes because they called they did no it's not like i think with leo would they  an over an hour for the dog to arrive this is reasonable they're making calls they're waiting and again i do think the police conduct here deserves commendation they're following importantly procedure to step by step conduct their investigation which proved unbelievably fruitful but you know it found lawfully a massive amount of narcotics and that teacher it's an objective standard absolutely not absolutely and that there are two issues that i'm concerned with one and i believe the judge tucker justice in her opinion is what is the court to do with the baez arrest here we we have no indication that there was anything in anyone's hand in no time going the course of the surveillance was anything visible in terms of being relocated or agree did we never again she want to mike mike mike my issue is that at some juncture tenuous link in this particular case because essentially then any citizen who interact with another citizen and that second citizen goes engages in some form of the faeries conduct the initial or the underlying individual can then otherwise be stopped this is the gentleman walking down the street gets into a car which appears to have a compartment under that some people think some other folks might use to conceal jugs of weapons he goes there's some weird things in that car do somebody else has to engine running the door's open in the middle of the street there's nothing to indicate the status of the vehicle i would submit to your honor that if the vehicle work it abandoned there with there should be a little bit more in terms of the development of the facts and i think that was the problem that the trial court had when they when they finally handcuffed him an ass ok did the government have to depletes have reasonable suspicion to hold him at that time because in your brief you do not you do not attempt to refute the government's argument that there was reasonable suspicion be with you on that because it would be your contention and this goes to the argument regarding the  introduce the officer who alternately secured with him and his i would submit to the court that at the time that when mr human is was handcuffed then he was arrested and then the appropriate standard elaborate on the her i think we need to put this in context of the surveillance that took place prior to that night if we have detective argus in his testimony his testimony regarding the surveillance of the vehicle ample opportunity to t investigate further as far as the vehicles concerned the course may be aware that in the transcript there was discussion regarding the auctioning off of vehicles with aftermarket compartments certain other steps  activity you're saying is they before they auction them off they seal the after market yeah that's what you're saying yes or you're on a cat and you're simply just there if you have a different beast didn't know that all the see is an aftermarket compartment it doesn't make any difference i don't know whether the after mark issues and i had was it was because we would be going to reasonable this of the police in their conduct hearing that they were following procedure one of the things that stood out to me was that there was able testimony regarding the consent or there were  request consent from mr baez but there was nothing in that regard as far as any kind of communication or discussion with mr rodriguez and i would submit to the quick that in that situation done that they did the whole time frame that potentially could  the polite just of neighborhood and they perhaps you know a reasonable apprehension of fear we have a situation here where he's being approached activist by an unknown individual with no displays of authority no one dishes i mean there  arrest and that would be the case here but that's not the case here because they instead were following it very procedure say when they did run the vin of the car there's testimony from officer vargas that he ran the numbers of several vehicles on the block it actually increases suspicion because he found something like six vehicles which did register to the neighborhood including the jeep cherokee and one other car had an aftermarket compartment so they were suspicious and that's why the whole task force is out there they don't  right there were six other there were six cars that were not from the neighborhood there were two including the cherokee that had aftermarket compartment this whole task force they were in a vendor they run the license plate i'd have to go back and look at the record your honor it as my friend has suggested i'm not sure but that's what would happen but think they did their investigation and they decided this was something serious happening on this block a bench where they sat there that day and the final point i'd like to make i know it's well known to the court is that we could sit here all coming up with innocent explanations of things and that's not what happens to me the way terry or probable cause that it was is it possible he didn't think it was a police officer sure is a possible with the police he thought he was fake it's possible it's possible that this was one of the aftermarket compartments that doesn't have drugs over this is possible but what we have to do as this court in the supreme court has reminded over and over is look at the totality of the circumstances give credit officers judgment in being able to reach assumptions based on their experience and not require that they eliminate every possible it's an explanation here once he powers all together the innocent explanation sort of a hash anyway and it's very clear where he will suspicion or probable cause