march sixteenth two thousand and four in the store already i was at home with his wife and children when officer pollock and i and that's agent and two other law enforcement officers approached his re doors just shut most of the way i mean that's it's funny response and them they do have that tip there about illegal alien and evidence of any crime having been committed at the time officer pollock the ins agent indicated that he was there to do a routine alien check that had been no evidence of that that was a crime site on crime i don't get scared the guy's go when he's doing some behind of lines it's going to be yes shooting the officers came there in unmarked cars they were not in uniform it seems to me that the evidence that they observe of somebody ducking behind the blinds would be nothing more than somebody checking out to identify the individuals who appeared on his doorstep a match and a vet at i'm thinking suppose that some people came up to my house that really was kind of a scary situation i don't know their beliefs they don't look like they have any business there they were kind of truculent when i was not visible for a while it might because i was getting my forty four well i suppose that's within the realm protections that are attached to somebodies private home are practically got i mean after pollock admit it i asked him on cross examination if anything could the officer see from the porch of the defendant's house before opening the screen door what did the officer know before opening the screen door what  this was a half screen door and so they could see through the top half of the street into the house but they could basically see him it is they couldn't see the guy it is admitted that they never saw the gun until the door was open till they opened up the screen door and entered the house so all they thought was an individual in the house when he came around the door he went to look that's it didn't they also see that there was no furniture inside you know your honor they did they did determine that there was no furniture inside the house but i believe that that was after the protective search was done what about the circumstances that led the officers to go up there we started off with the arrest the man with fifteen thousand dollars in cash in wyoming and this man and his relation that he was taking the car to blow me to get something done by a woman to the car and he was going back some indication that ariano is in the drug business we have some indication that he's using an alias and it's not a leap of faith to think that he might have a gun to protect his drug business so i don't think so you know i don't think that there's any evidence whatsoever when they entered the house that that jose was that was using an al open the door for the purposes of determining what's inside i'm thinking the sequence here was to go to the door and they can see through the top half of the screen door something funny about the kitchen area  and they can see something funny about a guy that lives here sort of standing here talking to us telling us either what we want to know or you lost or whatever that he runs away and closes li then the next thing that happens is not that they enter the next thing that happens is one of the lead screen door and then they can see the gun for that and so i'm thinking they have the additional element of the gun open and officer pollock was standing in the threshold so he was standing on the the the frame portion of that the trailer house so he was inside the frame of the trailer in different parts of the country here whenever i talk to a colleague who lives in suburban los angeles nobody has guns but the criminals where i live somewhat well it's not rural anymore but  formerly were a part of alaska it's hard to think of a household that does not have guns so you would just figure that person is going for his gun why wouldn't the officers just figure that in this part of montana as the person that lives in that frailer is going for a gun well you know i think if if they would assume that that there would be there would have to be some evidence of dangerousness they would have that they would have observed something outside the house to make them suspicious it would not have been a routine check to see i but fellows aliens that there would been some evidence of a crime some evidence of danger not dangerous not some evidence of something unusual at the house and there was none of that at the time the entered the re this is on page thirty five i'm sorry your lines excellent officer see interview the gun he was holding the door open answer correct and you were somewhere inside that door answer i was in the threshold area yes that's on page thirty five not forty even more important for me in mind if my understanding of the kids to know what exactly did the officers know before they opened the door to they have a basis for opening the door and looking into this man's home they knew that there might be drug money and the person when you to his home close the door and looked back out the window through the blinds is that this the total of what they knew before they opened the door or if i heard everything correctly i mean all those i understand or i think he i think he was instructed i mean i'm kind of answering the negative way what i asked for the officers do under those circumstances it was not exemptions and we understand it's just leave that's what i'm saying i mean standing up it was able to see really i mean that's what his testimony is there was no gun there or when he was looking the doors partly open from right when he was coming toward them and so then only webster they open the screen door do they see the g so the question is what no i don't i don't think it was the permission for opening the screen door i think it's pretty clear when he says of the hispanic male reappeared at which time hawk already open the screen door i could not see that there was going to the floor that had been there before but agent pollock had already opened the and frankly i don't know anyone that doesn't keep and grow alaska that doesn't keep a gun by the door prepares him in town they usually just have protection going somewhere around the house but the main doors open and you open a screen door to get a better view how in this sort of believe our climate right now that in the spring and summer people leave their main doors open and have their screen doors and i would suggest to you that he that girl scouts police or anyone else or not just people in on talk to them i'm not i'm not disagreeing with that you're on but when he then reopens the door in the agent was in a position cedar had seen that not because the screen door was open was in a position to see before he closed the door that there was no gun  situation occurred and i believe that they have the authority right there for officer safety under all the cases to do in fact secure the situation make sure that nobody is injured and i don't think it's possible i don't think i don't floor they're entitled to hold on to a situation secure themselves properly find out maybe that's the situation ok but that was not the situation they found at the same time and he said he was from mexico that he was illegal he had a gun right there  is on page forty two forty three you in the kit and that there was a slight struggle i mean he didn't act violent or aggressive towards you in any way that you answer towards me question yes answer no and then the question about the gun and this is on the bottom of page thirty one and over on page two and neither you nor officer slater would have ever seen the gun if you hadn't opened the door isn't that true answer if i had not opened the screen door that's correct