that the evidence that the suppression hearing which took place a little bit over a year ago and you the eastern district of washington were that in the response to some rural neighbors report to the border patrol way up in north east washington on the cold afternoon of december twenty third the agent in charge of the border patrol in that region as well as two other blueprints after they backtracked for approximately a mile or a mile and a half no i'm sorry it's more than that two or three miles well the blueprints magically turn to snow shoe prints which they continue to follow approximately a mile a mile and half up to the canadian border indicating to them that three individuals had passed down in the snowy forest from the canadian border at the point roughly where the boots changed into the snow boots the snow shoes they also found a stash of more than sixty thousand marijuana  hasheesh and snowshoes and some snow poles and they were about fifty feet off the forest road and they were covered with tree limbs and some snow so they knew they were looking for they should be doing is going nine miles south on highway three ninety five to the orient bar which is the first logical place where smugglers go and had a payphone as a first public establishment south of the border so that's was the timeframe between that and when and then they spent time tracking around following all these footsteps they find the dope and all of that snow there are actually the agent in charge agent eklund was on his way home about four o'clock that afternoon when a call was relayed to vamp to cam from rural neighbors of which there are a few in this area that they had spotted three for quite some time and i believe as i recall the evidence would show it was approximately seven thirty or it o'clock when they approached the orient bar either counsel could throw me on that well i guess my point there is you the boots now there was testimony i don't know what would be wrong with that to me that it would seem to me that if you've been following all that for the last two hours you can follow you know track you through the snow following and snowshoes and clients and picked it up i think that you're entering an area where that was an intrusion and it was certainly in the area of interrogation certainly  when you want me to cut him off because you only get twenty minutes together of them near the fire place away from the crowd in the far off i think if that point the car eklund the chief actually testified that we could have arrested right there we knew we had our man but we didn't we wanted to go investigate further to see if they would see if we get them to think have a reasonable suspicion at that point to make the jury stop and do this very do exactly what they did my  your honor that is correct he could've gone for the digits that he could have arrested him right there or what he did was start at they started asking questions and these three guys getting the runaround at that point they still knew they had their guys although this now they had more information to know what's wrong with the question  illegal conduct started right at the finish of the questioning regarding identification and so forth they have finished their cherry stop questioning that's as far as they were going to get at that point they already knew they could arrest these guys and the free to leave at that point in time and they continue to question them they split them up to see if they could hang themselves so prior to that miranda should have been issued and it wasn't subject of lee showing that they were not free to leave in addition law enforcement even testified they weren't for free to leave so i think the issue is when the honorable district court found that they were custody that's basically what we have an issue in this matter we feel that miranda we should have been given back right when they started asking identification questions and were cut off and after the point when they assert there was an interrogation it started take and of course nothing prior to that out of the woods there is an spray marijuana hasheesh papers belonging to mr cripps showing he was a canadian citizen had some child support issues they were not for and i asked they were then transported they were separately transported down to call the which took approx forty five minutes during that transport one of the agents testified that my client mr door jerk made a comment about the fact that it allegedly stated without being they were not immediately mirandized they were placed in a holding cells and again i believe a few other items were taken off their person only this is it to come up from spokane and randomize it just seems to me and my when they were you were saying you made the point that they weren't memoranda eyes went after they've been transported and they were there i'm not aware of you know i almost feel like i'm sort of like t v makes everyone think that they have to be told they're right and that that invalidate the agents knew that they had enough to arrest them they have them in custody they were not free to leave but they continued to ask them questions and they continued to answer in addition they took personal items which were incrimina client's position that looking up to tally the circumstances those three individuals objectively believed they were in custody because three agents had approached him they were in border patrol uniform i think a couple  as the separating of the individuals as well as the statement that we knew we had enough information to arrest him but continuing to ask questions was in violation of  pleased the court morning and your honour's that you were on the path of the united states attorney's office for the eastern district of washington your honor the united states of position is that this was a terry stop also known as an investigative stop required under the fifth amendment you know that that the in the throes of the will your brief and but the argument seems to be well there was a point at which these people were actually arrested and put in not  standing terry and were put in custody and that interrogation or improper activity went on after them and they seem to say there was a point where they were they stood up  reasonable suspicion did not write been through probable cause until approximately five minutes of questioning the last hour and i think there was a point that i'd like to clarify as is mr dirk volunteered that there was bear spray in the one coat that wasn't in response to questioning by one of the border patrol officers the there was no search of the arrest of these three individuals therefore it was not illegal when they came in the car and took them down to the station were under arrest at that point they weren't going anywhere that's correct your honor that is you know i mean it you know i i'm pretty sure if i've been tracking around this now all this time chasing stuff and i found out like you know i don't i don't think they were probably going anywhere pretty quickly after they came in there that is correct you are but the border patrol agents during that trip did not interrogate the three suspects the three individuals that they terminated questioning in the orient for something they were in custody when they for pet in the back of the  your honor if they're in handcuffs in the back seat of a car well there's the lindo gallegos case and granted the facts are a little bit different here because in that case i believe the questioning continued while the fifteen or twenty illegal aliens suspected illegal