a quick justified search based on the mere possibility that the person who had earlier in the day called nine one one complaining of domestic violence had somehow gotten herself or been taken back into the apartment knocked on the door before they opened yesterday and called out nobody was there nobody was there there was no answer so the officer gets to the apartment three minutes after the woman hangs up the car caught with not enough but not only the issue of stand but his denial that he had any interest in the park and doesn't leave that in the only issue whether she consented and wasn't it pretty clear from that phone call they minutes she not only has to come back and she would have been there based on a two minute drive she would have been there only one minute in that time she has to get in the apartment her mother has to disappear no mother would drop her daughter off at the abuser's h leave the mother have to disappear the truck has to disappear my client not only has to silence her and he passed her for answering the door but also to get away from the apartment because he's nowhere to be seen at the moment when they were standing on the doorstep they knew that they'd received a domestic violence call and that the victim a claim that she'd been beaten all morning they find the defendant acted reasonably i don't know what the public would expect anybody a policeman the circumstances other than the possibility you know i mean you know this is a policeman of the day to day basis and not calculating do i have probable cause i police is exactly correct i was trying to actually kind of turn the facts around a little bit let's assume that the police followed the kind of suggestion and went through this technical analysis about how much time it took somebody for someone to get from the store to the to the apartment and concluded well i just don't think we have enough to go in there and there's a dead body in there or on one injured person for perhaps more importantly they were on the front steps of this apartment they knew that the apartment was associated with it the domestic violence incident the victim could not be found counsel suggests that there are two possibilities either that they should not yet arrived well that after she decided not to return well those are certainly possibilities but there's also another third possibility that she would turn and it was somehow enticed drug otherwise taken into the apartment and  t or injured by the defendant the police would have been fairly with ness had they just left the apartment and she would have been in there and would have been injured that would have been  would have been her lender's outcry that the police knowing these factors did not respond and didn't check on her welfare we can't fault them now for going in and doing that particularly when the defendant the case that he didn't even live there or he indicates to the police that he didn't even live there in fact the fence counsel tells the jury that that they're going to hear evidence that he didn't even live there and then wants to claim standing think there's no challenge to that and i think the reason that there's no challenge here is that the apartment manager had been called and he apparently was on his way with another set of master keys anyway so what it seems like he had they were going to go with him one way or the other but looking at the totality of the circumstances it seems to me that we certainly certainly cannot fault the police for acting in the way they did they went in they made up a twenty second sweep just find out whether or not there was a victim in there and the gun was on in plain view on position that it's always better for the district court to actually have that on the record and and and do that because we also have occasionally filed a statute or something or a judgment that shows