noted that detecting heat coming from the house also wasn't a search that required a wart and just four months ago in collins b virginia the supreme court again visited law related to a permit to the house when they ruled that is any marginal snooping in opening the screen door that's what every newspaper boy does to deliver the morning paper and he doesn't get any information from the inside of the house all right the i have other way of putting a serious have a great deal of difficulty seeing the difference between one side of the screen door and the other even though i can certainly see the difference between the porch and the street if it has this case comes to us being on  as i look at giardina as well it's tolerance there is a boundary on the scope of the consent to go on that porch it's ok if you're a girl scout selling cookies the court mentions or possibly even a police officer doing a consensual knock and talk but it does not extend to permission to search either the poor or the just inside the correct yes so the problem with what officer malone did is precisely that he did go on that porch in order to search and he did in fact search and the supreme court has said that you cannot do that so this is different in other words because it's the house than the usual idea that if you are legitimately in a place you can do anything you feel like in that place correct if if the officers here had a search warrant or had a warrant for m go in this case all they got it what's your answer to the government's response on officer safety and the extension of carry the circumstances yes the officers testified that when mr richmond approached them he remained calm and cooperated and he did not be testified that mr richmond didn't give them any reason to be alarmed and they also issues ever going to be slowing him down and it's also not accurate when the government said that he immediately turned when he saw the officers when officers passed the intersection and they spotted mr richmond mr richmond was by a garbage can behind the house and so he continued walking towards the front of his house when he when he turned through the our friends line that uncommon for it to be suspicious because if you had gone through the sidewalk he would have had to go to the corner and then turned right and then turn right again into his house so it just cuts across his own front lawn correct the officers testified at mit it that when they first saw mr richmond in the past that intersection they just got a feeling about this guy concealed and so the fact that officer saw someone who potentially had a weapon concealed doesn't say much about that point hadn't done anything either just walking down the street not the officers do say then surely when he sticks of behind the screen door they think that's a move that somebody with a concealed weapon permit wouldn't make that when he's walking down the street you haven't done anything yet correct yes and when the officer and the government and the officers both turned to that action of mr richmond placing the dark object behind the door as a reasonable suspicion that he was committing a crime and that is certainly an interpretation that could be taken on the other interpretation of that exact mr rich man who was an african american man may want to disarm himself secure in your persons and your house and your back's against unreasonable searches and seizures but what would you say if instead of sticking the object between the screen door and the door suppose their threshold myself but i'm just trying to figure out how far you're going to go with this it sounded to me like you're starting on a very broad reasonable this theory that doesn't take into account the special status of the who home solely for officer safety when he is not posing a threat to anybody according to the officer's own testimony the alternative would be to say let's get off the porch let's move farther away from the door exactly that doesn't involve any intrusion of any code at which point they could have said you know are you a felon and he answered honestly but every moment that you either engage in conversation something approaching reasonable suspicion exists when he put something behind that door up until then he's not doing anything that any citizen could do as we've recently pointed out in the watson decision  not very much he walks across the line and he places the article between the gaps are saying that's the first moment when he opens the screen door until that happens this is not a stick this is not a situation of light this is not a situation of changing direction the record just does not this is not even a situation frankly of darting which is the word that the government is using he walks a little faster that's what they say  and there was no reasonable suspicion in that case there wasn't even a suspect or defined critically present i know the dog is wandering around there sniffing on the floor and there was no concern for officer safety hewn or we have a suspect who's coming back down the steps and respectfully i suspect there was going to be a conversation with that person but i can't think of a single case where the supreme court has extended terr specific but we do have a long line of cases under terry where the courts balance the extent of the fourth amendment in that information against the danger that's presented to them and i can't think of a single one with the guy on the porch still going to every house somebody could be in the house if you argue that to jump out and help him well we respectfully submit that you and the same analysis should apply here if you pick does the fact that mr richmond is within the swing radius of the door here have on been else the district court found on this matter as a factual matter that's not showing that he could have harmed himself quickly and chosen to go back up the steps i you know i think maybe that would have made the situation a little more chaotic i'm not sure exactly what the significance of that would be but again that the officers here were doing two things tuesday night about cobra life twenty sixteen quarter of midnight they were investigating suspicious activity and they were taking measures to protect themselves and others by the way they had no idea who might be inside them they had no idea that it was this all richmond and the door so can you offer to your honor's comment about getting mr rickman just off the port that actually happened in this case mr richmond was off that talk landing although he made the decision to walk down correct correct on his own